Legal Opinion
Pogue v. West
United States Court of Appeals for Veterans Claims
Decided March 9, 2000No. 96-1321PublishedCited by 2 opinions
1Opinion of the Court
STEINBERG, Judge:
Before the Court in this appeal is a jurisdictional issue of the timeliness of the filing in this Court of the appellant’s Notice of Appeal (NOA). Presently pending is the Court’s sua sponte consideration of the timeliness of that NOA under Rosler v. Derwinski, 1 Vet.App. 241, 249 (1991). For the following reasons, the Court will dismiss this appeal for lack of jurisdiction.
I. Relevant Background
In a June 26, 1995 decision, the Board of Veterans’ Appeals (BVA or Board) denied a claim of a World War II veteran for Department of Veterans Affairs (VA) service connection for…
2Cases cited25 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- Busic v. United StatesSupreme Court of the United States · 1980
20 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Webster D. Haney v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
- Smith v. WestUnited States Court of Appeals for Veterans Claims · 2000