United States Court of Appeals for Veterans Claims February 21, 1995, No. 94-391 (Wachter v. Brown)

KRAMER, Judge,

concurring:

The appellant’s NOA was premature when it was filed on May 23, 1994, because the appellant’s prior motion for reconsideration of the April 4,1994, BVA decision abated the finality of such decision. See Rosler v. Derwinski, 1 Vet.App. 241, 249 (1991). While the Court could have dismissed the appeal at the time of receipt of the NOA, see Rosler, 1 Vet.App.