Bosmay v. Derwinski

ORDER

On March 19, 1992, the Court dismissed appellant’s case for lack of jurisdiction based upon a Notice of Appeal (NOA) filed three days after the expiration of the 120-*307day appeal period prescribed by 38 U.S.C. § 7266(a) (formerly § 4066(a)). 2 Vet.App. 341. The preliminary record before the Court indicated that the Board of Veterans’ Appeals (Board or BVA) decision was dated and, therefore, mailed on September 27, 1991. See Sandine v. Derwinski, 1 Vet.App. 26 (1990); Rosler v. Derwinski, 1 Vet.App. 241 (1991) (Declaration of Dennis J. Kelly).

On April 2, 1992, appellant filed a motion for…