Maria Closa Campusano, Petitioner/appellant, v. Edward J. Derwinski, Secretary of Veterans Affairs,respondent/appellee, 945 F.2d 417 (Fed. Cir. 1991)

DECISION

PER CURIAM

Marie Closa Campusano's appeal from the order of the Court of Veterans Appeals, No. 90-781 (Feb. 19, 1991), dismissing her petition for lack of jurisdiction, is affirmed.

OPINION

Campusano informed the Court of Veterans Appeals that she could not provide the date she filed a Notice of Disagreement (NOD) with the Board of Veterans Appeals. The Secretary of Veterans Affairs submitted the declaration of an attorney employed by the Board who stated that she reviewed the relevant Board files and the docket information on the Board's computer (operating since July 1, 1983) and could find no record of any appeal filed with the Board by Campusano. Without a NOD filed after November 18, 1988, the Court of Veterans Appeals lacks jurisdiction. See 38 U.S.C. § 4051 note (1988), redesignated as § 7251 note by the Department of Veterans Affairs Health-Care Personnel Act of 1991, Pub. L. No. 102-40, § 402(b) (1), 105 Stat. 187, 238-39 (May 7, 1991).

It is Campusano's burden to show that she filed a NOD after November 18, 1988. Prenzler v. Derwinski, 928 F.2d 392, 394 (Fed. Cir. 1991). She did not do so here. Accordingly, the Court of Veterans Appeals properly dismissed Campusano's appeal for lack of jurisdiction.