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· 9/16/2002

Oliver L. Jaquay, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs

Citations

  • 304 F.3d 1276
  • 2002 U.S. App. LEXIS 19057
  • 2002 WL 31050816

How courts have described this case

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

  • holding that due-diligence requirement is satisfied by filing motion for BVA reconsideration within judicial-appeal period, even though filing was made at RO instead of Board
  • holding that the language of 38 C.F.R. § 20.1001(b) stating that motions for reconsideration \must be filed at the following address\ is merely for the administrative convenience of the Board
  • explaining that, in majority of situations, when veteran seeks to file claim for benefits or for reopening, he or she does so at RO and RO adjudicates claim
  • misfiling at issue in Jaquay II “took place several steps into a claim for benefits within a government agency”
  • examining the difference between motions for Board reconsideration and NOAs to the Court
  • examining the difference between motions for Board reconsideration and NOAs to the Court

Source: CourtListener parenthetical corpus (CC0).

Judges: Mayer, Newman, Michel, Lourie, Clevenger, Rader, Schall, Bryson, Gajarsa, Linn, Dyk, Prost

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.