Ashley v. Derwinski

2 Vet. App. 62, 1992 U.S. Vet. App. LEXIS 7, 1992 WL 1653

• Court: United States Court of Appeals for Veterans Claims
• Decided: January 9, 1992
• Docket: No. 91-386
• Status: Published

Opinions

IVERS, Associate Judge,

concurring:

I concur in the opinion of the Court. However, in reviewing the record in this case, I am left with the impression that appellant’s representatives may have had notice, either actual or, at a minimum, constructive of the Board of Veterans’ Appeals (BVA) decision of October 24, 1990. Thus, either through an oversight or, in a manner calculated to establish a point of law, the time for filing of a Notice of Appeal was allowed to expire. In either case, had the Secretary instituted a system of accountability for mailing, and, thus, been in a position to establish that a copy of the BVA decision was mailed to both appellant and counsel, appellant’s right to appeal would have been lost.