Legal Opinion
Ashley v. Derwinski
United States Court of Appeals for Veterans Claims
Decided April 21, 1992No. 91-386PublishedCited by 98 opinions
1Opinion of the Court
FARLEY, Associate Judge:
In an earlier opinion and order we denied the motion by the Secretary of Veterans Affairs (Secretary) to dismiss this appeal for lack of jurisdiction. See Ashley v. Derwinski, 2 Vet.App. 62 (1992). Subsequently, on January 23, 1992, the Secretary moved for reconsideration. Due to a marked change in the factual predicate, the Secretary’s motion will be granted; however, after reconsideration, we once again deny the Secretary’s motion to dismiss for lack of jurisdiction.
I
The issue is whether appellant filed a timely Notice of Appeal (NOA). The Board of Veterans’ Appeals…
2Cases cited8 opinions
- United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
- Rosler v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Fugere v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Samuel D. Butler, Jr. v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1992
- Tobler v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
3 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- James R. Cook, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2003
- Hilkert v. WestUnited States Court of Appeals for Veterans Claims · 1999
- Evans v. BrownUnited States Court of Appeals for Veterans Claims · 1996
- Tablazon v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Rita L. Dicarlo v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
93 more not listed; retrieve them via the Exa API.