West v. Brown

We cannot join in the Court’s opinion because we believe its reasoning and result do not square with the Hamilton opinions of the Federal Circuit and of this Court.1 Moreover, the majority’s opinion is at odds with the statutory and regulatory structure governing adjudications in the Department of Veterans Affairs (VA).

I. Discussion

A. Basic Jurisdiction

In order for the Court to have jurisdiction over an appeal from a final Board of Veterans’ Appeals (BVA or Board) decision, the appellant must have filed a valid Notice of Disagreement (NOD) on or after November 18, 1988, as to the VA regional…