Oliver L. JAQUAY, Claimant-Appellant,
v.
Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
September 16, 2002.
September 16, 2002.
Attorney(s) appearing for the Case
Thomas W. Stoever, Jr., Arnold & Porter, of Denver, Colorado, argued for claimant-appellant. Of counsel was Keri L. Howe.
Steven J. Abelson, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; Kathryn A. Bleecker, Assistant Director; and Ho Sik Shin, Trial Attorney. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and David R. McLenachen, Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel was John P. Sholar, Trial Attorney.
Michael P. Horan, Attorney, Paralyzed Veterans of America, of Washington, DC, for amicus curiae Paralyzed Veterans of America. With him on the brief was Morgain M. Sprague.
Robert V. Chisholm, Chisholm Chisholm & Kilpatrick, of Providence, Rhode Island, for amicus curiae National Organization of Veterans' Advocates, Inc.
Martin D. Minsker, Baker Botts L.L.P., of Washington, DC, for amicus curiae Vietnam Veterans of America, Inc.
Before MAYER, Chief Judge, NEWMAN, MICHEL, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.
United States Court of Appeals, Federal Circuit.
LINN, Circuit Judge.
Oliver L. Jaquay seeks review of the final decision of the Court of Appeals for Veterans Claims ("Veterans Court")1 holding that it lacked jurisdiction to hear an appeal from the Board of Veterans' Appeals ("BVA") because the notice of appeal was not timely filed nor otherwise tolled. See Jaquay v. West, 11 Vet.App. 67 (1998). Because Jaquay's misfiled request for reconsideration with the VA regional office...
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