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Legal Opinion

Ashley v. Derwinski

United States Court of Appeals for Veterans Claims

Decided January 9, 1992No. 91-386PublishedCited by 48 opinions

1Opinion of the Court

FARLEY, Associate Judge, filed the opinion of the Court, in which MANKIN, Associate Judge, joined. IVERS, Associate Judge, filed a concurring opinion.

FARLEY, Associate Judge:

The Secretary of Veterans Affairs (Secretary or VA) moved to dismiss this appeal for lack of jurisdiction on the grounds that more than 120 days had elapsed between the date on which notice of the decision of the Board of Veterans’ Appeals (Board or BVA) was mailed to the veteran and the date on which the appellant filed a Notice of Appeal (NOA) with the Court. Appellant responded that the BVA failed to mail a copy of the…

2Cases cited13 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  3. Immigration & Naturalization Service v. MirandaSupreme Court of the United States · 1982
  4. Rosler v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  5. The United States v. Roses IncorporatedCourt of Appeals for the Federal Circuit · 1983

8 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Ashley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  2. Evans v. BrownUnited States Court of Appeals for Veterans Claims · 1996
  3. Link v. WestUnited States Court of Appeals for Veterans Claims · 1998
  4. Falzone v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  5. Mason v. BrownUnited States Court of Appeals for Veterans Claims · 1995

43 more not listed; retrieve them via the Exa API.

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