Legal Opinion
Richard A. Linville, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs
Court of Appeals for the Federal Circuit
Decided January 26, 1999No. 98-7063PublishedCited by 46 opinions
1Opinion of the Court
CLEVENGER, Circuit Judge.
Richard Linville appeals the dismissal by the Court of Veterans Appeals, on jurisdictional grounds, of his claim for veterans’ benefits. The Court of Veterans Appeals held that Linville’s notice of appeal from the final decision of the Board of Veterans’ Appeals was untimely because it was not received by the Board within the 120-day period required by Rosler v. Derwinski, 1 Vet.App. 241 (1991), notwithstanding that the notice of appeal was postmarked within the time period. See Linville v. West, 11 Vet.App. 60 (1998). Because the Court of Veterans Appeals…
2Cases cited4 opinions
- Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
- Rosler v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Linville v. WestUnited States Court of Appeals for Veterans Claims · 1998
- Paniag v. GoberUnited States Court of Appeals for Veterans Claims · 1997
3Cited by46 opinions
- Kutscherousky v. WestUnited States Court of Appeals for Veterans Claims · 1999
- Rezi P. Forshey, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
- Adway Maggitt, Jr., Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000
- Oliver L. Jaquay, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
- Checo v. ShinsekiCourt of Appeals for the Federal Circuit · 2014
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