Rios-Collins v. Nicholson

The issue before the Court is whether veterans Rios and Collins complied with section 38 U.S.C. § 7266(c) such that their appeals may be heard by the Court. I believe that they have fully complied with the statute and that the common law mailbox rule serves to permit the proper exercise of our review authority over these appeals. Accordingly, I respectfully dissent from the Court’s holding today that the common law mailbox rule does not apply to NOAs filed with the Court.2

I. SECTION 7266

Congress promulgated the predecessor to section 7266, then 38 U.S.C. § 4066, in 1988. See Act of Nov. 18,…