Legal Opinion

McNaron v. West

United States Court of Appeals for Veterans Claims

Decided April 14, 1999No. 93-474PublishedCited by 7 opinions

1Opinion of the Court

ORDER

2Per curiam

On September 24, 1998, the pro se appellant filed a motion to reinstate his appeal, alleging that this Court erred when it “presumed regularity in DVA performance of it[]s duties in mailing.” A similar motion was denied by this Court in McNaron v. Brown, 10 Vet.App. 61 (1997) (McNaron I). When an appellant moves to reinstate an appeal, the Court must first determine whether a recall of the Court’s mandate is warranted.

While the appellant’s most recent motion was pending, the United States Court of Appeals for the Federal Circuit (Federal Circuit) determined that the doctrine of equitable…

3Cases cited7 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. Calderon v. ThompsonSupreme Court of the United States · 1998
  3. Harold E. Bailey, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
  4. McNaron v. BrownUnited States Court of Appeals for Veterans Claims · 1997
  5. Ute Indian Tribe Of The Uintah And Ouray Reservation v. State Of UtahCourt of Appeals for the Tenth Circuit · 1997

2 more not listed; retrieve them via the Exa API.

4Cited by7 opinions

  1. Pfau v. WestUnited States Court of Appeals for Veterans Claims · 1999
  2. Debra B. Sapp v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2019
  3. Garsow v. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
  4. Hudson v. WestUnited States Court of Appeals for Veterans Claims · 2000
  5. Hudson v. WestUnited States Court of Appeals for Veterans Claims · 2000

2 more not listed; retrieve them via the Exa API.

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