Miles Brewster, Jr., Petitioner/appellant, v. Edward J. Derwinski, Secretary of Veterans Affairs,respondent/appellee, 935 F.2d 280 (Fed. Cir. 1991)

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US Court of Appeals for the Federal Circuit - 935 F.2d 280 (Fed. Cir. 1991) May 8, 1991

Before NIES, Chief Judge, and PAULINE NEWMAN and CLEVENGER, Circuit Judges.

DECISION

PER CURIAM.


Miles Brewster, Jr. appeals from the decision of the United States Court of Veterans Appeals, No. 90-261, dismissing the appeal for lack of jurisdiction because the Notice of Disagreement was filed before November 18, 1988. We affirm.

OPINION

Mr. Brewster challenges the constitutionality of 38 U.S.C. § 402 on due process and equal protection grounds. The constitutionality of Sec. 402 was upheld in Belarmino v. Derwinski, No. 91-7011 (Fed. Cir. April 24, 1991), wherein the court held that "the determination by Congress in section 402 to limit access to the Court of Veterans Appeals is not contrary to constitutional right, power, privilege or immunity". We conclude that Mr. Brewster has not been denied equal protection of the law by virtue of the statutory date fixing appeal rights.

Mr. Brewster does not dispute that his Notice of Disagreement was filed before November 18, 1988. Applying this court's precedent, we affirm that the Court of Veterans Appeals lacked jurisdiction over Mr. Brewster's appeal.