Legal Opinion

Sotero R. Lopez v. Peter O'Rourke

United States Court of Appeals for Veterans Claims

Decided June 1, 2018No. 17-1138Published

1Opinion of the Court

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 17-1138 SOTERO R. LOPEZ, APPELLANT, V. PETER O'ROURKE, ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before DAVIS, Chief Judge, and PIETSCH and GREENBERG, Judges. ORDER On April 19, 2017, Sotero R. Lopez filed a Notice of Appeal (NOA) from a May 13, 2016, Board of Veterans' Appeals (Board) decision. The Secretary moved to dismiss the appeal, arguing that because Mr. Lopez "failed to file [a] motion for [Board] reconsideration within the time period for filing a judicial appeal, the 120-day judicial appeal period was not tolled, and the…

2Cases cited15 opinions

  1. Larry D. Barrett, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2004
  2. Checo v. ShinsekiCourt of Appeals for the Federal Circuit · 2014
  3. Sneed v. ShinsekiCourt of Appeals for the Federal Circuit · 2013
  4. Arbas v. NicholsonCourt of Appeals for the Federal Circuit · 2005
  5. John E. Claiborne v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005

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