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Legal Opinion

Emilio T. Palomer v. Robert A. McDonald

United States Court of Appeals for Veterans Claims

Decided March 18, 2015No. 14-1017PublishedCited by 6 opinions

1Opinion of the Court

ORDER

2Per curiam

Mr. Emilio T. Palomer seeks to appeal a July 10, 2013, decision of the Board of Veterans’ Appeals (Board). However, he mailed his motion for reconsideration of the Board decision 133 days after the Board decision was mailed, and then filed his Notice of Appeal (NOA) 102 days after the Board Chairman denied reconsideration. The Secretary moved to dismiss the appeal because Mr. Palomer did not file either an NOA or a request for reconsideration within 120 days of the Board decision, such that the NOA he ultimately filed was untimely.1 See Rosier v. Derwinski, 1 *249Vet.App. 241, 249 (1991)…

3Cases cited30 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. Henderson v. ShinsekiSupreme Court of the United States · 2011
  4. Frankel v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  5. Sandvik v. United StatesCourt of Appeals for the Eleventh Circuit · 1999

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4Cited by6 opinions

  1. Charles J. Raybine v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2019
  2. Reginald C. Smith v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2018
  3. Rogelio C. Gomez v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
  4. Rogelio C. Gomez v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
  5. Sherry C. Benson v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2020

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