Pub. L. 103-446, tit. V, sec. 511

MAILING OF NOTICES OF APPEAL TO THE COURT OF VETERANS APPEALS.

EnactedYear: 1994Length: 281 wordsOfficial source
SEC. 511. MAILING OF NOTICES OF APPEAL TO THE COURT OF VETERANS APPEALS. (a) In General.—Section 7266(a) is amended to read as follows: “(a) (1) 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 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. “(2) An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court. “(3) A notice of appeal shall be deemed to be received by the Court as follows: “(A) On the date of receipt by the Court, if the notice is delivered. “(B) On the date of the United States Postal Service post-mark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed. “(4) For a notice of appeal mailed to the Court to be deemed to be received under paragraph (3)(B) 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 Courts determination as to legibility shall be final and not subject to review by any other Court.”. (b) Application.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to notices of appeal that are delivered or mailed to the United States Court of Veterans Appeals on or after that date.