Belin v. Peake
Opinion
Ronald J. Belin appeals the judgment of the Court of Appeals for Veterans Claims (“Veterans Court”), which affirmed the Board of Veterans’ Appeals decision denying entitlement of service connection for: (1) residuals of wrist injuries, (2) residuals of exposures to herbicides, and (3) “constant otic development.” Ronald J. Belin v. Gordon H. Mansfield, No. 05-2268, 2007 WL 8101853 (Vet.App. Oct. 22, 2007). Because we lack jurisdiction, we dismiss his appeal.
Our authority to review a decision of the Veterans Court is extremely limited. We may review such a decision only to the extent that it pertains to the validity of “a rule of law or of any statute or regulation ... or any interpretation thereof (other than a determination as to a factual matter),” or “to interpret constitutional and statutory provisions, to the extent presented and necessary to a decision.” 38 U.S.C. §§ 7292(a), 7292(c). Unless an appeal from the Veterans Court presents a constitutional issue, we do not otherwise have jurisdiction 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.” 38 U.S.C. § 7292(d)(2).
Belin sets forth many reasons why he believes the Veterans Court decision was erroneous. He does not, however, identify any error or issues pertaining to the validity or the interpretation of a rule, statute or regulation. Moreover, after an independent review of the record, we see no constitutional issues upon which jurisdiction could be predicated.
Since Belin’s appeal challenges only the Veterans Court’s application of established law concerning service connection to the facts and circumstances of his case, we have no jurisdiction to review it.
Reference
- Full Case Name
- Ronald J. BELIN, Claimant-Appellant, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee
- Status
- Unpublished