Opinion

Cornett v. Brown

  • 9 Vet. App. 260
  • 1996 U.S. Vet. App. LEXIS 512
  • 1996 WL 422731
Court
United States Court of Appeals for Veterans Claims
Filed
Jul 23, 1996
Status
Published
On the bench
Holdaway, Kramer, Steinberg
Cited by
4 cases
Authority
More cited than 63.0%

The opinion

ORDER

PER CURIAM.

On May 28, 1996, the Court dismissed this appeal for lack of jurisdiction. On June 7, 1996, the appellant, through counsel, filed a motion for panel review. In his motion, the appellant argues that the Board of Veterans’ Appeals (Board or BVA) notice of appellate rights is defective, in that it failed to advise the appellant that, in order to preserve his right to appeal to the Court, his motion for reconsideration must be filed with the BVA within 120 days after the mailing of notice of the Board’s decision.

The Court has previously held that “the notice of appellate rights that accompanied the copy of the BVA decision mailed to the appellant fully met the requirements of [38 U.S.C. § ] 5104(a).” Pittman v. Brown, 9 Vet.App. 60, 65 (1996). The notice provided to the appellant in this case was the same as that provided in Pittman .

Upon consideration of the foregoing, it is

ORDERED that the appellant’s motion for review by a panel is DENIED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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