Opinion

Breslow v. Derwinski

1 Vet. App. 359 · United States Court of Appeals for Veterans Claims · Jul 11, 1991

Full text

Michael S. BRESLOW v. Edward J. DERWINSKI, Secretary of Veterans Affairs

Opinions in this case

Majority
Concurrence — Steinberg

ORDER PER CURIAM. It appearing that the appellant filed a Notice of Appeal (NOA) here after having first filed for reconsideration before the Board of Veterans’ Appeals (BVA), and it further appearing that while this case was pending before the Court, the BVA decided the case on reconsideration and appellant has filed a timely NOA from that decision, denoted as an amended NOA, on April 11, 1991, it is ORDERED, sua sponte, that payment of the filing fee on the April 11, 1991, NOA is waived (compare Fed.R.App.P. 4(a)(4) with U.S.VetApp.R. 3(e) (effective May 1, 1991)), and that appeal will be assigned a new docket number and proceed in the normal course on appeal. It is further ORDERED, sua sponte, that the instant appeal is dismissed. See Rosler v. Derwinski, 1 Vet.App. 241 (1991).

06-03 167

Board of Veterans' Appeals · Aug 31, 2011

Vda de Landicho v. Brown

Veterans Claims · Sep 23, 1994

Pellerin v. Brown

Veterans Claims · Jul 30, 1993

Patterson v. Brown

Veterans Claims · Jul 30, 1993

Ryan v. Derwinski

Veterans Claims · Jul 1, 1992

Parentheticals

where motion for BVA reconsideration is denied, the most that would be reviewable on appeal would be VA’s exercise of discretionary authority whether or not to grant reconsideration
Ryan v. Derwinski
where, motion for BVA reconsideration is denied, the most that would be reviewable on appeal would be Department of Veterans Affair’s exercise of discretionary authority whether or not to grant reconsideration
Pellerin v. Brown