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JAMES v. WILKIE

2018-1264.

917 F.3d 1368 (2019)

Charles H. JAMES, Claimant-Appellant, v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: March 7, 2019.

Attorney(s) appearing for the Case

Thomas T. Carmack , Arnold & Porter Kaye Scholer LLP, Palo Alto, CA, argued for claimant-appellant. Also represented by Nathaniel Edward Castellano , Washington, DC; Thomas W. Stoever, Jr. , Denver, CO.

Sosun Bae , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Claudia Burke , Robert Edward Kirschman, Jr. , Joseph H. Hunt ; Lara Eilhardt , Y. Ken Lee , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Wallach, Linn, and Hughes, Circuit Judges.

Appellant Charles H. James appeals an order of the U.S. Court of Appeals for Veterans Claims ("Veterans Court"). The Veterans Court dismissed as untimely Mr. James's appeal of a Board of Veterans' Appeals ("Board") denial of (1) compensation claims for lumbar spine and cervical spine disability and (2) an increased rating...

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