United States Federal Circuit

The rejection of the veteran's attorney's Notice of Disagreement (NOD) that contested the denial of his direct fee request is affirmed, where: 1) the attorney fee request qualifies as a "simultaneously contested claim" under 38 U.S.C. section 7105A; 2) the sixty-day NOD period established in 38 U.S.C. section 7105A applies to the denial of attorney fee requests under 38 U.S.C. section 5904(d); and thus, 3) the Veterans Court did not commit legal error in holding that the attorney's filing of his NOD ninety days after the reviewing officer's s denial of his request for direct payment of his legal fees was untimely.

Appellate Information

• Decided 02/21/2014
• Published 02/21/2014

Judges

• CHEN

Court

• United States Federal Circuit

Counsel