United States Federal Circuit

When appellant voluntarily dismissed an appeal under Rule 42 of the Veterans Court, his later appeal for reconsideration of a Board of Veterans' Appeals decision, that he was not entitled to a disability rating of greater than 80% for service-connected disabilities, was properly dismissed as untimely.

Appellate Information

• Decided 06/25/2002
• Published 06/25/2002

Judges

• SCHALL, Circuit Judge., Before NEWMAN, CLEVENGER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mark C. Jahne, of Magna, UT, argued for claimant-appellant.


• For Appellees:
  
• Jane M.E. Peterson, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Mark A. Melnick, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC.