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Rules 4(A) & 25(B), In re
7-94 (U.S. Vet. App. Nov. 7, 1994). ; Clearinghouse Number: 50354
Description
Court of Veterans Appeals Clarifies when Notices of Appeal Are Deemed Received
Abstract
The United States Court of Veterans Appeals has amended its rules
of practice and procedure to clarify when notices of appeal of a
Board of Veterans' Appeals (BVA) decision are deemed to have
been received by the court. Persons adversely affected by decisions
of the BVA must file a notice of appeal within 120 days after the
date on which the board mailed notice of the decision to the
appellant. As provided for by Pub. L. No. 103-446, § 511,
notices of appeal are deemed to be received (1) on the date of the
notice's legible postmark or (2) on the date of the
notice's receipt by the court clerk, if the notice does not
bear a legible postmark or it is delivered by means other than by
U.S. mail. This amendment affects the Court of Veterans Appeals
Rules of Practice and Procedure 4(a) and 25(b)(2).
