United States Federal Circuit

Plaintiff's Veterans Claims appeal and motion to reconsider were improperly dismissing as untimely, because a letter plaintiff sent may have sufficed as a timely notice of appeal tolling the applicable statutory filing period.

Appellate Information

• Decided 06/15/2004
• Published 06/15/2004

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, RADER and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeany C. Mark,Lieberman & Mark, of Washington, DC, argued for claimant-appellant.


• For Appellees:
  
• John N. Kane, Jr., Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   On the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Todd M. Hughes, Assistant Director;  and Brian S. Smith, Attorney.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC.