Legal Opinion
Harms v. Nicholson
Court of Appeals for the Federal Circuit
Decided June 12, 2007No. 2007-7005PublishedCited by 5 opinions
1Opinion of the Court
RADER, Circuit Judge.
The United States Court of Appeals for Veterans Claims dismissed for lack of jurisdiction Mr. David J. Harms’s appeal from a June 13, 2002 Board of Veterans Appeals (“Board”) decision and the Board’s October 13, 2003 denial of his motion to vacate that earlier decision. Harms v. Nicholson, 20 Vet.App. 238 (2006) (fin banc). Because the Court of Appeals for Veterans Claims properly determined that timeliness for motions for reconsideration and requests to vacate both invoke the 120-day statutory period in 38 U.S.C. § 7266(a) that defines the court’s jurisdiction, this…
2Cases cited5 opinions
- Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
- Burke Hensley, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000
- Terry A. Ledford, Claimant-Appellant v. Togo D. West, Jr., Acting Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Raymond E. McMillen Jr. And Laura McMillen v. United States Department of TreasuryCourt of Appeals for the First Circuit · 1991
- David J. Harms v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
3Cited by5 opinions
- Bobby R. Jones v. James B. PeakeUnited States Court of Appeals for Veterans Claims · 2008
- Bobby R. Jones v. James B. PeakeUnited States Court of Appeals for Veterans Claims · 2008
- James E. Lawrence v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2020
- Louann Wolfe v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2020
- Young v. CollinsCourt of Appeals for the Federal Circuit · 2026