Legal Opinion

Jaquay v. West

United States Court of Appeals for Veterans Claims

Decided February 9, 1998No. 95-510PublishedCited by 13 opinions

1Opinion of the Court

STEINBERG, Judge:

The case is before the Court pursuant to a May 23,1995, Notice of Appeal (NOA) as to a September 20, 1993, Board of Veterans’ Appeals (Board or BVA) decision. Presently pending is the Secretary’s motion to dismiss the appeal for want of a timely filed NOA. For the reasons that follow, the Court will grant that motion and dismiss the appeal for lack of jurisdiction.

I. Procedural Background and Facts

This case has a complex procedural history, which is briefly summarized as follows. On August 1, 1995, the Secretary filed a motion to dismiss, arguing that the NOA was untimely…

2Cases cited34 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  3. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  4. Brown v. GardnerSupreme Court of the United States · 1994
  5. United States v. Pierce Auto Freight Lines, Inc.Supreme Court of the United States · 1946

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3Cited by13 opinions

  1. Oliver L. Jaquay, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
  2. Velez v. WestUnited States Court of Appeals for Veterans Claims · 1998
  3. Edward C. Bailey, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2003
  4. Cintron v. WestUnited States Court of Appeals for Veterans Claims · 1999
  5. Anthony Hunt v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006

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