Rafael G. Rios v. Gordon H. Mansfield

On Remand from the U.S. Court of Appeals for the Federal Circuit

KASOLD, Judge:

In Rios v. Nicholson, 490 F.3d 928, 931-32 (Fed.Cir.2007), the Federal Circuit held that the common law mailbox rule applies to the filing of a Notice of Appeal (NOA) with this Court, and remanded this matter for application thereof. 1 For the reasons stated below, we find that Mr. Rios has timely filed his NOA and that the Court has jurisdiction to hear his appeal. The Secretary will be directed to file the designation of the record on appeal not later than 60 days after the date of this opinion.

I. DISCUSSION

A. The…