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LINVILLE v. WEST

No. 98-7063.

165 F.3d 1382 (1999)

Richard A. LINVILLE, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 26, 1999.

Attorney(s) appearing for the Case

Karen B. Levin, Paralyzed Veterans of America, of Washington, DC, argued for claimant-appellant. With her on the brief was Michael P. Horan.

Linda A. Halpern, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Assistant Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC.

Before MICHEL, CLEVENGER, and BRYSON, Circuit Judges.

CLEVENGER, Circuit Judge.

Richard Linville appeals the dismissal by the Court of Veterans Appeals, on jurisdictional grounds, of his claim for veterans' benefits. The Court of Veterans Appeals held that Linville's notice of appeal from the final decision of the Board of Veterans' Appeals was untimely because it was not received by the Board within the 120-day period required by Rosler v. Derwinski, 1 Vet. App. 241 (1991), notwithstanding that the notice of...

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