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DURR v. NICHOLSON

No. 04-7099.

400 F.3d 1375 (2005)

Luther N. DURR, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 11, 2005.

Attorney(s) appearing for the Case

Mark R. Lippman, The Veterans Law Group, of La Jolla, California, argued for claimant-appellant.

Leslie Cayer Ohta, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Todd M. Hughes, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, United States Department of Veterans Affairs, of Washington, DC; and Y. Ken Lee, Attorney. Of counsel were Donald E. Kinner, Assistant Director, Commercial Litigation Branch; and Christina C. Ashworth, Attorney.

Before NEWMAN, CLEVENGER, and DYK, Circuit Judges.

DYK, Circuit Judge.

Luther N. Durr ("Durr") appeals from the decision of the Court of Appeals for Veterans Claims ("Veterans' Court"), which dismissed his appeal for failure to file a timely notice of appeal. Durr v. Principi, 17 Vet.App. 486 (2004). Because we find that the Veterans' Court misconstrued the notice of appeal requirements of Rule 3 of the Rules of Practice and Procedure of the Court of Appeals for Veterans Claims, we reverse and remand for further...

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