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MAPU v. NICHOLSON

No. 04-7088.

397 F.3d 1375 (2005)

John MAPU, Jr. Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 15, 2005.

Attorney(s) appearing for the Case

Courtenay C. Brinckerhoff, Foley & Lardner, LLP, of Washington, DC, argued for claimant-appellant. With her on the brief was George E. Quillin.

Christian J. Moran, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and James T. Dehn, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before RADER, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.

BRYSON, Circuit Judge.

This case arises from a missed filing deadline. Appellant John Mapu, Jr., is a United States Army veteran. He alleges that he sustained an injury during his service. He sought veterans' benefits for the injury, and when his request was denied, he appealed to the Board of Veterans' Appeals. The Board upheld the denial of benefits on July 31, 2001. The Board's opinion included a notice informing Mr. Mapu that if he wanted to appeal the decision...

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