Stokes v. Derwinski

ON APPELLANT’S MOTION FOR REHEARING OR REVIEW EN BANC

Before NEBEKER, Chief Judge, and KRAMER and FARLEY, Associate Judges. KRAMER, Associate Judge:

On October 12, 1990, this panel rendered a decision in the consolidated cases of Whitt v. Derwinski, U.S.Vet.App. No. 89-16; Williams v. Derwinski, U.S.Vet.App. No. 89-151; Davis v. Derwinski, U.S.Vet.App. No. 90-38; and Stokes v. Derwinski, U.S.Vet.App. No. 90-122. Whitt v. Derwinski, 1 Vet.App. 40 (1990). At that time the panel ruled, with one judge dissenting, that since appellant Virgil Stokes did not have a valid Notice of Disagreement (NOD)…