Linville v. Principi

ORDER

In a February 3, 1998, opinion, the en banc Court dismissed for lack of jurisdiction the appellant’s appeal on the ground that his motion for reconsideration by the Board of Veterans’ Appeals (Board) had been filed more than 120 days after the mailing of notice of the underlying Board decision, even though that motion had been postmarked within the 120-day Notice of Appeal (NOA) filing period set forth in 38 U.S.C. § 7266(a). Linville v. West, 11 Vet.App. 60, 63-64 (1998) (en banc). The appellant appealed to the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), and in a…