Miller v. Principi

Type

Opinion of the Court

Author

Alan David Lourie

Filed

July 31, 2002

Case

Miller v. Principi

Case status

Decided

The first passage of the document, as extracted by the source provider.

ON MOTION LOURIE, Circuit Judge. ORDER The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Cecil W. Miller, Jr.’s appeal for lack of jurisdiction. Miller has not responded. Miller filed a Notice of Appeal (NOA) from a May 22, 2001 Board of Veterans’ Appeals (BVA) decision, which the United States Court of Appeals for Veterans Claims received more than 120 days after the BVA mailed its decision. The Court of Appeals for Veterans Claims dismissed Miller’s appeal for lack of jurisdiction because Miller had filed his NOA more than 120 days after the BVA final decision. Miller appeals that order to this court. Under 38 U.S.C. § 7292 , this court has limited jurisdiction over appeals from decisions of the Veterans Court. See Forshey v. Principi, 284 F.3d 1335, 1338 (Fed. Cir. 2002) (en banc). Miller’s appeal does not satisfy any of the grounds for invoking this court’s jurisdiction. The Court of Appeals for Veterans Claims’ order dismissing for lack of jurisdiction did not address or otherwise depend on any issue of validity or interpretation of any statute or regulation, nor did Miller raise any argument concerning the validity or inter…

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