Legal Opinion

Clark v. Principi

United States Court of Appeals for Veterans Claims

Decided June 21, 2001No. 00-1263PublishedCited by 14 opinions

1Opinion of the Court

KRAMER, Chief Judge:

On June 30, 2000, the appellant filed, through counsel, a Notice of Appeal (NOA) from a June 29, 1999, Board of Veterans’ Appeals (Board or BVA) decision that, inter alia, denied his claim for an effective date prior to February 27, 1995, for the award of service connection for asthmatic bronchitis. The appellant’s NOA was filed with the Court 367 days after the date stamped on the Board’s June 1999 decision. On September 8, 2000, the Secretary filed a motion to dismiss the appeal for lack of jurisdiction because the appellant failed to file a timely NOA. For the reasons…

2Cases cited11 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. Harold E. Bailey, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
  4. Bethea v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  5. Ashley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992

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3Cited by14 opinions

  1. Norman H. Sthele v. Anthony J. PrincipiUnited States Court of Appeals for Veterans Claims · 2004
  2. German L. Matthews v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005
  3. Davis v. PrincipiUnited States Court of Appeals for Veterans Claims · 2003
  4. German L. Matthews v. Anthony J. PrincipiUnited States Court of Appeals for Veterans Claims · 2005
  5. Harmon Carter, Jr. v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2014

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

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