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BRANDENBURG v. PRINCIPI

No. 03-7203.

371 F.3d 1362 (2004)

William BRANDENBURG, Jr., Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 15, 2004.

Attorney(s) appearing for the Case

Jeany C. Mark, Lieberman & Mark, of Washington, DC, argued for claimant-appellant.

John N. Kane, Jr., Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Todd M. Hughes, Assistant Director; and Brian S. Smith, Attorney. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC.

Before MAYER, Chief Judge, RADER and PROST, Circuit Judges.

MAYER, Chief Judge.

William Brandenburg, Jr. appeals the order of the United States Court of Appeals for Veterans Claims dismissing as untimely his appeal from the Board of Veterans' Appeals, which denied both his claim for service connection for various disabilities and his motion for reconsideration. Brandenburg v. Principi, No. 03-0016, 2003 WL 21306580 (Vet.App. May 29, 2003). Because a letter Brandenburg sent to the board may have sufficed as a timely...

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