Dippel v. West
United States Court of Appeals for Veterans Claims
1Opinion of the Court
STEINBERG, Judge:
Before the Court in this appeal is a jurisdictional issue of the timeliness of the appellant’s Notice of Appeal (NOA). The Court’s determination of this issue turns on whether 38 U.S.C. § 7104(e), as amended by the Veterans’ Benefits Improvement Act (VBIA) of 1996, Pub.L. No. 104-275, § 509, 110 Stat. 3322, 3344 (1996), must be retroactively applied to this appeal, which was pending before the Court at the time that that statute was enacted. The Court will hold that VBIA § 509 does not apply to this appeal and that, because the 120-day period for filing an NOA in this Court…
2Cases cited36 opinions
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Russello v. United StatesSupreme Court of the United States · 1983
- Brown v. GardnerSupreme Court of the United States · 1994
- Rivers v. Roadway Express, Inc.Supreme Court of the United States · 1994
- National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
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3Cited by7 opinions
- Lee v. WestUnited States Court of Appeals for Veterans Claims · 2000
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- Ryan v. WestUnited States Court of Appeals for Veterans Claims · 1999
- Karen Gordon v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2007
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