Delia Garcia v. DENIS MCDONOUGH, Secretary of Veterans Af- fairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DELIA GARCIA,
Claimant-Appellant
v.
DENIS MCDONOUGH, Secretary of Veterans Af-
fairs,
Respondent-Appellee
______________________
2023-1656
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 18-6558.
______________________
Before L OURIE, H UGHES , and CUNNINGHAM , Circuit
Judges.
P ER CURIAM .
O R D E R
In response to this court’s May 9, 2023, show cause or-
der, the Secretary of Veterans Affairs urges dismissal of
this appeal as untimely. Delia Garcia responds, requesting
“an opportunity [to] lay out [her] entire case.” ECF No. 9
at 3.
The United States Court of Appeals for Veterans
Claims entered judgment in this case on September 7,
Case: 23-1656 Document: 10 Page: 1 Filed: 07/27/2023

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GARCIA v. MCDONOUGH 2
2022. In March 2023, the Veterans Court received Ms.
Garcia’s notice of appeal.*
To be timely, a notice of appeal must be received by the
Veterans Court within 60 days of the entry of judgment.
See 38 U.S.C. § 7292(a); see also 28 U.S.C. § 2107(b); Fed.
R. App. P. 4(a)(1)(B). Like appeals from district courts, the
statutorily prescribed time for filing appeals from the Vet-
erans Court to this court is mandatory and jurisdictional,
meaning that we cannot take account of individual circum-
stances for the untimely filing. See Wagner v. Shinseki, 733
F.3d 1343, 1348 (Fed. Cir. 2013); see also Henderson v.
Shinseki, 562 U.S. 428, 438–39 (2011) (indicating jurisdic-
tional restrictions on the time for taking an appeal under
section 7292(a)). Because Ms. Garcia’s notice of appeal was
not filed within 60 days of any final judgment or order of
the Veterans Court, we must dismiss the appeal.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
July 27, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
* The notice indicated Ms. Garcia was seeking re-
view of a final judgment or order entered on “2/26/23,”
though the Veterans Court docket in the identified proceed-
ing does not reflect any entry between November 8, 2022,
and March 2023.
Case: 23-1656 Document: 10 Page: 2 Filed: 07/27/2023

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