Legal Opinion

Luther N. Durr v. Anthony J. Principi

United States Court of Appeals for Veterans Claims

Decided March 15, 2004No. 01-1249PublishedCited by 1 opinion

1Opinion of the Court

KRAMER, Chief Judge:

The issue presently before the Court is whether the appellant filed a timely Notice of Appeal (NOA) from a September 2000 Board of Veterans’ Appeals (Board or BVA) decision.

I. Background

The appellant, through counsel, seeks to appeal the September 28, 2000, Board decision that denied as not well grounded, under the version of 38 U.S.C. § 5107(a) then in effect, his claim for service, connection for tinnitus and that denied on the merits his claim for service connection for a cervical spine disorder. The copy of the Board decision that was transmitted to the Court by the…

2Cases cited19 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. Harold E. Bailey, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
  4. Bethea v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  5. Rosler v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991

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3Cited by1 opinion

  1. Durr v. NicholsonCourt of Appeals for the Federal Circuit · 2005

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