Paniag v. Brown

IVERS, Judge:

The appellant appeals a May 2, 1994, decision of the Board of Veterans’ Appeals (BVA or Board) denying her recognition as the foster parent of deceased veteran Ammakeo Paniag for purposes of receiving death benefits. The Secretary had filed a motion to dismiss for lack of jurisdiction, arguing that the appellant’s Notice of Appeal (NOA) was not timely filed, and on April 16, 1996, the Court, by single judge order, denied the Secretary’s motion to dismiss, holding that the BVA had failed to mail a copy of its decision in accordance with 38 U.S.C. § 7104(e). On November 4, 1996,…