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SANTORO v. PRINCIPI

No. 00-7177.

274 F.3d 1366 (2001)

Alfred P. SANTORO Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

December 20, 2001.

Attorney(s) appearing for the Case

Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, argued for claimant-appellant.

Martin F. Hockey, Jr., Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. Of counsel were David M. Cohen, Director; Robert E. Kirschman, Jr., Assistant Director; and Virginia G. Farrier, Attorney. Also of counsel were Donald E. Zeglin; Michael J. Timinski; and Joshua S. Blume, Department of Veterans Affairs, of Washington, DC.

Before: NEWMAN, RADER, and BRYSON, Circuit Judges.

RADER, Circuit Judge.

The United States Court of Appeals for Veterans Claims dismissed the appeal of Alfred P. Santoro for lack of jurisdiction because Mr. Santoro used an incorrect zip code. The Court of Appeals for Veterans Claims determined that Mr. Santoro improperly addressed his notice of appeal, making his submission ineligible for the postmark rule of 38 U.S.C. § 7266(a)(3)(b) (West Supp.2000). Because Mr. Santoro's notice of appeal was "properly addressed...

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