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HARMS v. NICHOLSON

No. 2007-7005.

489 F.3d 1377 (2007)

David J. HARMS, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 12, 2007.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.

Michael J. Dierberg, 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, Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director. Of counsel on the brief was David J. Barrans, Deputy Assistant General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, RADER, and GAJARSA, Circuit Judges.

RADER, Circuit Judge.

The United States Court of Appeals for Veterans Claims dismissed for lack of jurisdiction Mr. David J. Harms's appeal from a June 13, 2002 Board of Veterans Appeals ("Board") decision and the Board's October 13, 2003 denial of his motion to vacate that earlier decision. Harms v. Nicholson, 20 Vet.App. 238 (2006) (en banc). Because the Court of Appeals for Veterans Claims properly determined that timeliness for motions for reconsideration...

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