Carpenter v. Principi
16 Vet. App. 88
Vet. App.
2002
Check Treatment
Docket

*1 88 receiving filing

eration after notice of of ORDER Circuit); NOA to Federal Villamor v. PER CURIAM: West, (1998) (en 11 Vet.App. 193 banc or 28, September 2001, On appellant, the der); Derwinski, see also Cerullo v. 1 Vet. counsel, through filed his initial in brief the (1991) 195, App. 196 (“filing of an NOA Therein, above-captioned case. he moved jurisdiction plenary confers upon appel an for initial full pursuant Court review to court”), late juris the Court does not have 35(c) Rule of the Court’s Rules of Practice diction appellant’s to review the untimely and Procedure. panel motion for a decision or motion for Upon consideration of the foregoing, it is does, course, leave. The Court of have ORDERED that the motion is denied. jurisdiction to jurisdiction. decide its own West, (2000) Kelsey See Vet.App. v. 13 437 STEINBERG, Judge, dissenting: (per order); West, curiam Marsh v. 11 I grant voted to full Court reconsidera- 468, (1998); (Irma) Vet.App. 469 Smith v. case, tion in this for the reasons in stated Brown, (1997). 330, 10 Vet.App. 332 my 21, 2001, dissent to the June en banc Upon foregoing, consideration of the it is opinion, Carpenter Principi, v. Vet.App. 15 64, J., 79 (2001)(Steinberg, in concurring ORDERED that appellant’s the motions part dissenting and in part), except for are jurisdiction. dismissed for lack of II.C.l., part regarding jurisdic- the Court’s

tion in terms of the failure to discuss sec- tion 402 of the Veterans’ Judicial Review Act, 100-687, 402, § Pub.L. No. 102 Stat. 4105, (1988) 4122 [hereinafter VJRA 402], § which has been repealed by the Veterans Education and Expan- Benefits 2001, sion Act of 107-103, Pub.L. No. 603(a), § 976, 999; 115 Stat. see also id. at 603(d) § (making repeal § of VJRA 402 applicable to all pending and subsequent claims). I CARPENTER, Kenneth M. therefore Appellant, respectfully dissent. v.

Anthony PRINCIPI, Secretary J. of Affairs, Appellee.

Veterans OZER, Appellant, Catherine A. Harrison,

Ronald G. Intervenor. v. No. 00-2300. Anthony PRINCIPI, Secretary J. of Affairs, Appellee. Veterans United States Appeals Court of No. 98-57. for Veterans Claims. United States Appeals Court of 18, April 2002. for Veterans Claims. 24, April 2002. KRAMER, Before Judge, Chief and FARLEY, HOLDAWAY, IVERS, HOLDAWAY, IVERS, Before and STEINBERG, GREENE, Judges. and STEINBERG, Judges.