It is of most importance that Veterans appealing a BVA[Board] decision file an appeal with the U.S. Court of Appeals for Veterans Claims[Veterans Court] within 120days of the Board decision. This is true even if you are wanting a reconsideration of the Board decision and file such a reconsideration motion.
Why this is important is as the Secretary made clear in oral argument in Fithian, No. 08-3077 July 13, 2010 that a reconsideration motion filed with the BoardDOES NOT toll the 120 days within which an appeal must be filed, despite the fact that information [notices] sent with Board decisions are not clear on this matter.
The court expressed a great deal of concern over this position but has yet to issue a ruling and the Secretary is seeing a full court hearing on this issue.
This also appears to be one of the issues being considered by the Supreme Court in Henderson v. Shinseki, No.2009-7006.
So, bottom line file a appeal [NOA] with the Veterans Court after you receive a Board Decision, you can always withdraw it if the Board grants a reconsideration, Better to be safe than Lose Out.
Showing posts with label Fithian v. Shinseki. Show all posts
Showing posts with label Fithian v. Shinseki. Show all posts
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