Jonathan D. Fithian v. Eric K. Shinseki

How courts have described this case

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

• rejecting self- serving affidavit evidence as insufficient to establish the presumption of receipt under the common law mailbox rule
• requiring independent proof of mailing to invoke a presumption of receipt under the common law mailbox rule or to rebut an established Agency presumption of regularity with respect to handling incoming mail
• requiring independent proof of mailing to invoke a presumption of receipt under the common law mailbox rule or to rebut an established Agency presumption of regularity with respect to handling incoming mail
• “a Board decision is no longer final once a motion for reconsideration is [timely] filed”
• \a Board decision is no longer final once a motion for reconsideration is [timely] filed\
• “The Court ... does have the authority, in determining whether a timely NOA has been filed, to also determine whether a document is a motion for reconsideration.”

Source: CourtListener parenthetical corpus (CC0).