U.S. Court of Appeals for the Federal Circuit, 2007

Criswell v. Mansfield

Criswell v. Mansfield
U.S. Court of Appeals for the Federal Circuit · Decided October 4, 2007
250 F. App'x 320

Counsel

James B. Criswell, of Las Vegas, NV, pro se., Roger A. Hipp, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Martie Adelman, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Criswell v. Mansfield

Opinion of the Court

PER CURIAM.

James B. Criswell appeals the judgment of the United States Court of Appeals for Veterans Claims, which affirmed the Board of Veterans’ Appeals decision denying his claim for an effective date prior to August 21, 1997, for a 50% combined disability rating for his service-connected cold-injury residuals of the hands and feet. Criswell v. Nicholson, 20 Vet.App. 501 (2006). Because we lack authority to review either “a challenge to a factual determination” or “a challenge to a law or regulation as applied to the facts of a particular case” absent a constitutional issue, 38 U.S.C. § 7292(d)(2), we dismiss his appeal.

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