Sharp v. Dept. Of Veterans Affairs
Opinion
Pamela J. Sharp (“Sharp”) appeals from a decision of the United States Court of Appeals for Veterans Claims denying entitlement to attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). See Sharp v. Shinseki, No. 07-2481(E), 2011 WL 383935 (Vet.App. Feb. 8, 2011). Sharp’s appeal does not present a constitutional issue or a question of law. Rather, her appeal would require this court to review questions of fact and application of law to fact. Under 38 U.S.C. § 7292(d)(2), however, we lack jurisdiction to review such factual determinations. We must therefore dismiss Sharp’s appeal.
For the foregoing reasons, we dismiss the appeal for lack of jurisdiction.
DISMISSED.
Costs
Each party shall bear its own costs.
Reference
- Full Case Name
- Pamela J. SHARP, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee
- Status
- Unpublished