Barnett v. Itomura

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that 38 U.S.C. § 5104(a) requires that Board mail copy of notice of appellate rights along with BVA decision
• holding that section 5104(a) notice of appellate rights must be mailed with BVA decision
• holding that BVA decision was actually received at specifically designated address of representative
• holding that section 5104(a) applied to BVA decisions as well as RO decisions
• holding that section 5104(b) applies to both RO and BVA adjudications
• holding that, absent evidence that claimant took affirmative steps after filing VA Form 1-9 (Substantive Appeal to BVA) to change address he provided on it, BVA was entitled to rely on that address as being his “last known address” under 38 U.S.C. § 7104(e

Source: CourtListener parenthetical corpus (CC0).