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ARBAS v. NICHOLSON

No. 04-7107.

403 F.3d 1379 (2005)

Eusebia ARBAS, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 13, 2005.

Attorney(s) appearing for the Case

Eusebia R. Arbas, of Leyte, Philippines, pro se.

Gregory T. Jaeger, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief was Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director. Of counsel was Franklin E. White, Jr., Assistant Director.

Before NEWMAN, MAYER, and CLEVENGER, Circuit Judges.

MAYER, Circuit Judge.

Eusebia R. Arbas ("Arbas") appeals the judgment of the United States Court of Appeals for Veterans Claims, which dismissed her appeal because she failed to file her Notice of Appeal ("NOA") within 120 days of the decision of the Board of Veterans' Appeals ("board"). Arbas v. Principi, 18 Vet.App. 484 (Vet.App. 2004). We reverse and remand.

Background

Sixto Arbas, the late husband of appellant, was a recognized member...

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