United States Federal Circuit

Veteran Claims applicant who mailed notice of appeal from Board of Veterans' Appeals to the Court of Appeals for Veterans Claims with the wrong zip code may still be eligible for the "postmark rule" under 38 USC 7266(a)(3)(b).

Appellate Information

• Decided 12/20/2001
• Published 12/20/2001

Judges

• RADER, Circuit Judge., Before NEWMAN, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, argued for claimant-appellant.


• For Appellees:
  
• Martin F. Hockey, Jr., Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   Of counsel were David M. Cohen, Director;  Robert E. Kirschman, Jr., Assistant Director;  and Virginia G. Farrier, Attorney.   Also of counsel were Donald E. Zeglin;  Michael J. Timinski;  and Joshua S. Blume, Department of Veterans Affairs, of Washington, DC.