On August 24, 2012, The Court of Appeals for Veterans Claims (CVAC) issued an en banc order in Tyrues v. Shinseki on remand from the Federal Circuit for reconsideration in light of Henderson v. Shinseki,131 S.Ct. 1197, 1206 (2011) (Supreme Court held that the 120–day limit to file an NOA pursuant to 38 U.S.C. § 7266(a)—although an important procedural rule — was not jurisdictional.). As is unfortunately true for too many Veterans, this case has a long and complicated procedural history. It highlights, however, the need for Veterans to make sure they are filing appeals within the prescribed time limits set forth in Title 38.
The decision can be accessed at http://www.veteranslawlibrary.com/files/CAVC_cases/2012/Tyrues_04-584.pdf