CUMMINGS v. WEST

No. 97-7004.

136 F.3d 1468 (1998)

Helen CUMMINGS, Claimant-Appellant, v. Togo D. WEST, Jr., Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 24, 1998.


Attorney(s) appearing for the Case

Jeffrey James Wood, York, PA, argued for claimant-appellant.

Luke Levasseur, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for respondent-appellee. On brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Joseph A. Kijewski, Assistant Director. Of counsel on brief were Donald E. Zeglin, Deputy Assistant General Counsel, David J. Barrans, Staff Attorney, Department of Veterans Affairs, Washington, DC.

Kenneth M. Carpenter, Carpenter, Chartered, Topeka, KS, for amicus curiae National Organization of Veteran's Advocates.

Before LOURIE, Circuit Judge, and ARCHER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.


LOURIE, Circuit Judge.

Helen Cummings appeals from the decision of the United States Court of Veterans Appeals dismissing her appeal for lack of jurisdiction. See Cummings v. Brown, No. 95-1058, 1996 WL 366406 (Vet.App. June 26, 1996). Because Cummings did not timely appeal to the Court of Veterans Appeals, we affirm.

BACKGROUND

In 1992, Cummings, the surviving spouse of a deceased veteran, applied to the Department of Veterans Affairs (VA...

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