SANTANA-VENEGAS v. PRINCIPI

No. 99-7193.

314 F.3d 1293 (2002)

Milton SANTANA-VENEGAS, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

December 17, 2002.


Attorney(s) appearing for the Case

David M. Lubitz, Swidler Berlin Shereff Friedman, LLP, of Washington, DC, argued for claimant-appellant.

Sean C. Griffin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Harold D. Lester, Jr., Assistant Director. Of counsel on the brief was Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel was Donald E. Zeglin, Department of Veterans Affairs, of Washington, DC.

Before GAJARSA, Circuit Judge, ARCHER, and PLAGER, Senior Circuit Judges.


DECISION

GAJARSA, Circuit Judge.

Milton Santana-Venegas appeals from the decision of the Court of Appeals for Veterans Claims ("Veterans Court") dismissing as untimely his appeal from the Board of Veterans Appeals ("BVA"), which denied his claim for service-connected disability benefits. See Santana-Venegas v. West, 16 Vet.App. 464, No. 99-718, 1999 U.S.App. Vet. Claims LEXIS 622 (Jun. 22, 1999). Because...

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