United States Federal Circuit

Dismissal of a veteran's appeal involving a disability compensation claim, on the ground that his notice of appeal was not timely filed under 38 U.S.C. section 7266(c), is reversed and remanded where the U.S. Court of Appeals for Veterans Claims erred by precluding claimant from relying upon the common law mailbox rule to show timely filing.

Appellate Information

• Decided 06/11/2007
• Published 06/11/2007

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert V. Chisholm, Chisholm Chisholm & Kilpatrick LLP, of Providence, Rhode Island, argued for claimant-appellant.   Of counsel was Kathy A. Lieberman, Lieberman & Mark, of Washington, DC.


• For Appellees:
  
• Todd M. Hughes, Assistant Director, 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, and Martin F. Hockey, Jr., Senior Trial Counsel.   Of counsel on the brief were Michael J. Timinski, Assistant General Counsel, and Joshua S. Blume, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.