Ostermiller v. Derwinski

ORDER

On September 30, 1991, appellant filed with this Court a Notice of Appeal (NOA) challenging a Board of Veterans’ Appeals (BVA) decision dated April 25, 1991. Appellant’s NOA was received by the Court 158 days after the BVA decision was issued. On April 24, 1992, the Secretary of Veterans Affairs (Secretary) moved to dismiss this appeal for lack of subject-matter jurisdiction on the basis that appellant’s NOA had been filed more than 120 days after the decision was mailed by the BVA. On May 13, 1992, the Court directed appellant to notify the Court as to whether he was opposed to the…