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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
LOUANN WOLFE, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
On Appeal from the Board of Veterans’ Appeals
(Argued September 24, 2019 Decided August 31, 2020)
Harold H. Hoffman III, of Arlington, Virginia, for the appellant.
Joshua L. Wolinsky, with whom James M. Byrne, General Counsel; Mary Ann Flynn, Chief
Counsel; and Kenneth A. Walsh, Deputy Chief Counsel; all of Washington, D.C., were on the brief
for the appellee.
Before PIETSCH, BARTLEY, and FALVEY, Judges.
PIETSCH, Judge, filed the opinion of the Court. FALVEY, Judge, filed a concurring
opinion. BARTLEY, Chief Judge, filed an opinion dissenting in part.
PIETSCH, Judge: The appellant, LouAnn Wolfe, appeals through counsel a December 12,
2016, decision of the Chairman of the Board of Veterans’ Appeals (Board). In that decision, the
Chairman denied a motion for reconsideration of a May 28, 2014, Board decision finding the
appellant not an eligible surviving spouse for purposes of receiving VA death benefits. Record
(R.) at 2-11. On March 26, 2019, the Court formed a panel to determine whether the circumstances
upon which the Board may grant reconsideration of a Board decision are strictly limited to those
specifically listed in 38 C.F.R. § 20.1000.1 For the reasons that follow, the Court will dismiss the
1 As of February 19, 2019, § 20.1000 was redesignated as § 20.1001. But for clarity purposes, the Court will
refer to the regulation as it was designated at the time of the May 2014 Board decision—§ 20.1000—unless we state
2 See Oral Argument at 18:08-19:40, Wolfe v. Wilkie, U.S. Vet. App. No. 17-0519 (oral argument held
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Wolfe v. Wilkie, No. 17-0519 (Argued September 24, 2019 Decided August 31, 2020); Court may conduct a limited review of the Board Chairman's denial of the motion for reconsideration if the appellant (1) files a motion for Board reconsideration within 120 days after the date the underlying final Board decision was mailed, and then (2) files an NOA within 120 days after the Board Chairman has mailed notice of the denial of the reconsideration motion. See Rosler v. Derwinski, 1 Vet.App. 241, 249 (1991);
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 17-0519LOUANN WOLFE, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.On Appeal from the Board of Veterans' Appeals(Argued September 24, 2019 Decided August 31, 2020)Harold H. Hoffman III, of Arlington, Virginia, for the appellant.Joshua L. Wolinsky, with whom James M.