(a)In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans’ Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is mailed pursuant to section
7104(e) of this title.
(b)An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court.
(c)A notice of appeal shall be deemed to be received by the Court as follows:
(1)On the date of receipt by the Court, if the notice is delivered.
(2)On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed.
(d)For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court’s determination as to legibility shall be final and not subject to review by any other Court.
2001—Pub. L. 107–103struck out “(1)” before “In order to”, redesignated par. (2) of subsec. (a) assubsec. (b), redesignated par. (3) of subsec. (a) assubsec. (c) and subpars. (A) and (B) thereof as pars. (1) and (2), respectively, redesignated par. (4) of subsec. (a) assubsec. (d) and substituted “subsection (c)(2)” for “paragraph (3)(B)”, and struck out former subsec. (b) which read as follows: “The appellant shall also furnish the Secretary with a copy of such notice, but a failure to do so shall not constitute a failure of timely compliance with subsection (a) of this section.”
1998—Subsec. (a)(1). Pub. L. 105–368substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.
1994—Subsec. (a). Pub. L. 103–446amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “In order to obtain review by the Court of Veterans Appeals of a final decision of the Board of Veterans’ Appeals, a person adversely affected by that action must file a notice of appeal with the Court. Any such notice must be filed within 120 days after the date on which notice of the decision is mailed pursuant to section
7104(e) of this title.”
1991—Pub. L. 102–40, § 402(b)(1), renumbered section
4066 of this title as this section.
Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted “7104(e)” for “4004(e)”.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–368effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 ofPub. L. 105–368, set out as a note under section
7251 of this title.
Effective Date of 1994 Amendment
Section 511(b) ofPub. L. 103–446provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 2, 1994] and shall apply to notices of appeal that are delivered or mailed to the United States Court of Veterans Appeals [now United States Court of Appeals for Veterans Claims] on or after that date.”
Interim Provision for Filing Notices of Appeal
Pub. L. 101–94, title II, § 202,Aug. 16, 1989, 103 Stat. 626, provided that in the case of a person adversely affected by a final decision of the Board of Veterans’ Appeals that was made before the date on which the United States Court of Veterans Appeals published in the Federal Register a notice by the Court that it had commenced operations, the period prescribed under this section within which a notice of appeal had to be filed with the Court was to be extended to the end of the 30-day period beginning on the date such notice was published, if the end of that period was later than the date that would otherwise be applicable under this section.
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