TYRUES v. SHINSEKI

No. 2010-7011.

631 F.3d 1380 (2011)

Larry G. TYRUES, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 11, 2011.


Attorney(s) appearing for the Case

Kenneth M. Carpenter , Carpenter Charter, of Topeka, KS, argued for claimant-appellant. On the brief was Mark R. Lippman , The Veterans Law Group, of La Jolla , CA.

Martin F. Hockey Jr. , Assistant Director Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Martie S. Adelman , Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before RADER, Chief Judge, LINN and DYK, Circuit Judges.


RADER, Chief Judge.

The United States Court of Appeals for Veterans Claims ("Veterans Court") dismissed Larry J. Tyrues's appeal from the Board of Veterans Appeals ("Board") for lack of jurisdiction. Tyrues v. Shinseki, 23 Vet.App. 166, 177 (2009). Because the Veterans Court correctly interpreted 38 U.S.C. § 7266 to require an appeal within 120 days, this court affirms.

I

Appellant, Mr. Tyrues, served on active duty in the United States...

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