HAMILTON v. BROWN

Nos. 93-7090, 93-7091.

39 F.3d 1574 (1994)

Stanley A. HAMILTON and Michael J. Hermann, Claimants-Appellants, v. Jesse BROWN, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

November 8, 1994.


Attorney(s) appearing for the Case

Gershon M. Ratner, National Veterans Legal Services Project, of Washington, DC, argued for claimant-appellant, Hamilton. Of counsel were Ruth Eisenberg and Arnette L. Georges. Glen Patrick McGrath, Lawrence J. Smith & Associates, of New Orleans, LA, was on the brief for claimant-appellants, Hermann.

Martin F. Hockey, Jr., Attorney, Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Of counsel were Donald E. Zeglin and Nicole Sideris, Dept. of Veterans Affairs, Washington, DC.

Before ARCHER, Chief Judge, MAYER, Circuit Judge, and PLAGER, Circuit Judge.


PLAGER, Circuit Judge.

These consolidated appeals raise the question whether, for jurisdictional purposes, there can be more than one Notice of Disagreement (NOD) relating to the same claim. Stanley A. Hamilton appeals the judgment of the Court of Veterans Appeals dismissing his appeal for lack of jurisdiction. That judgment was entered May 13, 1993, 4 Vet.App. 528, pursuant to the opinion of the court dated April 15, 1993. Hamilton v. Brown, 4 Vet.App. 528...

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