Charlie J. Jackson v. DENIS MCDONOUGH, Secretary of Veterans Af- fairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CHARLIE J. JACKSON,
Claimant-Appellant
v.
DENIS MCDONOUGH, Secretary of Veterans Af-
fairs,
Respondent-Appellee
______________________
2024-1292
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 23-3623, Chief Judge Margaret C.
Bartley, Judge William S. Greenberg, and Judge Joseph L.
Toth.
______________________
Before D YK, WALLACH , and CUNNINGHAM , Circuit Judges.
P ER CURIAM .
O R D E R
In response to the court’s January 22, 2024 show cause
order, Charlie J. Jackson urges the court to excuse his un-
timely-filed notice of appeal. The Secretary of Veterans Af-
fairs has not responded.
The United States Court of Appeals for Veterans
Claims entered final judgment in this case on October 6,
Case: 24-1292 Document: 7-1 Page: 1 Filed: 03/22/2024

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JACKSON v. MCDONOUGH 2
2023. The Veterans Court received Mr. Jackson’s notice of
appeal 74 days later on December 19, 2023.
To be timely, a notice of appeal must be filed within 60
days of the entry of judgment. See 38 U.S.C. § 7292(a); 28
U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1)(B); Fed. Cir. R.
1(a)(1)(D). As with appeals from district courts, the statu-
torily prescribed time for filing appeals from the Veterans
Court is jurisdictional, meaning that we cannot take ac-
count of individual circumstances 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 jurisdictional restrictions on the time
for taking an appeal under section 7292(a)). Because Mr.
Jackson’s notice of appeal was not filed within 60 days of
the judgment of the Veterans Court, this court lacks juris-
diction and must dismiss.*
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
* The court notes that Mr. Jackson’s notice of appeal,
filed with the Veterans Court within 30 days after the time
to appeal expired, appears to argue that he was not timely
served with the Veterans Court’s judgment. ECF No. 1-2
at 1. We deem it appropriate to transmit this order to the
Veterans Court for it to consider whether Mr. Jackson’s
submission could be construed as a motion for that court to
extend the time to appeal and, if so, whether such relief is
appropriate. See 28 U.S.C. § 2107(c), Fed. R. App. P.
4(a)(5); cf. 38 U.S.C. § 7292(a).
Case: 24-1292 Document: 7-1 Page: 2 Filed: 03/22/2024

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JACKSON v. MCDONOUGH 3
(2) Each party shall bear its own costs.
(3) The Clerk of Court is directed to transmit a copy of
this order and ECF No. 1-2 to the United States Court of
Appeals for Veterans Claims for its consideration.
March 22, 2024
Date
F OR THE COURT
cc: United States Court of Appeals for Veterans Claims
Case: 24-1292 Document: 7-1 Page: 3 Filed: 03/22/2024

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