ANANIA v. McDONOUGH

2020-1086.

1 F.4th 1019 (2021)

Roy E. ANANIA, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: June 10, 2021.


Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellant.

Sosun Bae , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Jeffrey B. Clark , Robert Edward Kirschman, Jr. ; Julie Honan , Y. Ken Lee , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Dyk, Taranto, and Stoll, Circuit Judges.


Roy E. Anania appeals the decision of the United States Court of Appeals for Veterans Claims affirming the decision by the Board of Veterans' Appeals that his substantive appeal was not timely filed. The Veterans Court relied on a bright-line rule holding "a party's own self-serving testimony" per se insufficient to establish...

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