Legal Opinion

Chute v. Derwinski

United States Court of Appeals for Veterans Claims

Decided July 9, 1991No. 90-1468PublishedCited by 18 opinions

1Opinion of the Court

ORDER

2Per curiam

Appellant filed his Notice of Appeal (NOA) on December 18, 1990. This was 190 days after the Board of Veteran’s Ap*353peals (BVA or the Board) decision which was decided and alleged to have been mailed to him on June 11, 1990. Appellant contends that the BVA failed to mail its decision to him. On February 26, 1991, this Court granted the Secretary’s motion to dismiss this appeal for lack of jurisdiction since appellant’s NOA was not filed within 120 days after the presumed mailing date of the BVA decision, see 38 U.S.C. § 4066(a) (1988).

Appellant filed a letter with the Court on March 11,…

3Cases cited4 opinions

  1. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  2. Rosler v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  3. Jane E. Morris v. Louis W. Sullivan, Secretary, Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1990
  4. Sandine v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990

4Cited by18 opinions

  1. Evans v. BrownUnited States Court of Appeals for Veterans Claims · 1996
  2. Ashley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  3. Mason v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  4. Davis v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  5. Thompson v. BrownUnited States Court of Appeals for Veterans Claims · 1995

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