Aaron v. Austin, Disabled Veteran, Plaintiff-appellant, v. Kenneth Easton, Chairman Board of Veteran Appeals, Defendant-appellee, 879 F.2d 862 (4th Cir. 1989)

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US Court of Appeals for the Fourth Circuit - 879 F.2d 862 (4th Cir. 1989) Submitted: June 14, 1989. Decided: July 17, 1989. Rehearing and Rehearing In Banc Denied Aug. 15, 1989

Aaron A. Austin, appellant pro se.

Gary Edward Pullin (Office of the United States Attorney), for appellee.

Before MURNAGHAN and SPROUSE, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Aaron A. Austin filed suit contending that he was wrongfully denied veteran's disability benefits. The district court dismissed the suit due to lack of subject matter jurisdiction in an opinion entered February 6, 1989. Austin filed a notice of appeal on May 16, 1989. Austin's appeal was thus untimely as it was not filed within 60 days of entry of the district court's order. See Fed.R.App. 4(a). Because the time period set forth in Rule 4 is jurisdictional, we cannot consider this case. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.