Alvin Lincoln v. Eric K. Shinseki, Secretary of Veterans Affairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ALVIN LINCOLN,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
______________________
2014-7038
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 12-2033, Judge Kenneth B. Kra-
mer.
______________________
Before P ROST , O’MALLEY and T ARANTO, Circuit Judges.
P ER CURIAM .
O R D E R
The Secretary of Veterans Affairs responds to the
court's order directing the parties to show cause why this
appeal should not be dismissed as untimely. Alvin Lin-
coln has not responded.
The Board of Veterans Appeals denied Mr. Lincoln
entitlement to Department of Veterans Affairs disability
Case: 14-7038 Document: 7 Page: 1 Filed: 04/17/2014

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LINCOLN v. SHINSEKI 2
compensation for a right-knee condition in June 2012.
Mr. Lincoln appealed to the United States Court of Ap-
peals for Veterans Claims (“Veterans Court”), which
affirmed the Board’s decision.
On September 27, 2013, the Veterans Court entered
its judgment in Mr. Lincoln’s case. Mr. Lincoln’s notice of
appeal seeking review by this court was received by the
Veterans Court on December 2, 2013, 66 days after the
date of judgment.
To be timely, a notice of appeal must be received by
the Veterans Court within 60 days of the entry of judg-
ment. 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b); Fed. R.
App. P. 4(a)(1). Like appeals from district courts, the
statutorily prescribed time for filing appeals from the
Veterans Court to this court is mandatory and jurisdic-
tional. See Wagner v. Shinseki, 733 F.3d 1343, 1348 (Fed.
Cir. 2013); see also Henderson v. Shinseki, 131 S. Ct.
1197, 1204-05 (2011) (indicating jurisdictional restrictions
on the time for taking an appeal under section 7292(a)).
Accordingly, even in circumstances in which it would be
equitable to do so, this court is without authority to waive
the deadline for filing an appeal to this court from the
Veterans Court. See Bowles v. Russell, 551 U.S. 205, 214
(2007).
Because Lincoln’s appeal was filed past the statutory
deadline for taking an appeal to this court, we must
dismiss the appeal.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed as untimely.
(2) Each side shall bear its own costs.
Case: 14-7038 Document: 7 Page: 2 Filed: 04/17/2014

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LINCOLN v. SHINSEKI 3
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s24
Case: 14-7038 Document: 7 Page: 3 Filed: 04/17/2014

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