“A veteran whose claim for federal benefits is denied by the Board of Veterans’ Appeals may appeal to the United States Court of Appeals for Veterans Claims (Veterans Court). To do so, the veteran must file a notice of appeal with the Veterans Court within 120 days after the date when the Board’s final decision is properly mailed. 38 U.S.C. ยง 7266(a). This case presents the question whether a veteran’s failure to file a notice of appeal within the 120-day period should be regarded as having ‘jurisdictional’ consequences.”
“We hold that it should not. . . . We hold that the deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional attributes.”
