Elsevier v. Derwinski
United States Court of Appeals for Veterans Claims
1Opinion of the Court
MANKIN, Associate Judge:
Appellee moves to dismiss the appeal of John Elsevier on the grounds that appellant’s untimely filing of a Notice of Appeal (NOA) deprives this Court of jurisdiction. We dismiss for lack of jurisdiction.
I
Appellant was mailed notice of the Board of Veterans’ Appeals (BVA) decision in his case on December 29, 1989. On April 2, 1990, appellant sent a letter to the BVA expressing an intent to appeal. The letter began, “[i]n the above mentioned case please be advised that I’m appealing your decision....” Not until May 1, 1990, did *152the BVA inform appellant that his letter of…
2Cases cited35 opinions
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- United States v. RobinsonSupreme Court of the United States · 1960
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3Cited by37 opinions
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- Dudley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
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