Sherman v. Principi
Opinion of the Court
Dawn F. Sherman seeks review of the decision of the United States Court of Appeals for Veterans’ Claims, Sherman v. Principi, No. 00-2064 (Vet.App. June 26, 2002), affirming the referral of her claim for dependency and indemnity compensation (“DIC”) to the appropriate Veterans’ Affairs regional office. We dismiss for lack of jurisdiction.
Sherman filed a claim with the regional office that was adjudicated as if it were a claim for accrued benefits. She appealed the denial of her claim to the Board of Veterans’ Appeals arguing that she had
Our jurisdiction over judgments of the court is limited to the review of final decisions, which usually does not include remands. Allen v. Principi, 237 F.3d 1368, 1372 (Fed.Cir. 2001). This “‘final judgment’ rule ordinarily limits our jurisdiction to appeals from a decision or order that ‘ends the litigation on the merits and leaves nothing for the court to do but execute judgment.’ ” Id. at 1372 (internal citation omitted). No decision has been entered on Sherman’s DIC claim; it has been referred to the regional office for an initial adjudication. Therefore, we lack jurisdiction to hear this case.
Reference
- Full Case Name
- Dawn F. SHERMAN, Claimant-Appellant v. Anthony J. PRINCIPI, Secretary of Veterans Affairs
- Status
- Published