Leland E. Gibson v. James B. Peake

The questions presented on appeal are whether the appellant filed a premature Substantive Appeal in August 2000 and, if so, whether that filing perfected his appeal from the RO’s June 2000 decision. The majority correctly answers both of these questions in the negative, but I believe their analysis is incomplete. Specifically, the majority never explains why the RO’s August 21, 2001, decision does not dispose of both of the questions raised on appeal.

Except as provided by law, when a[n] ... issue has been decided and an appeal has not been taken within the time prescribed by law, the case is…