U.S. Court of Appeals for the Federal Circuit, 2013

Cheramy Rusbuldt v. Shinseki

Cheramy Rusbuldt v. Shinseki
U.S. Court of Appeals for the Federal Circuit · Decided May 22, 2013 · Lourie, Plager, Benson
506 F. App'x 997

Cheramy Rusbuldt v. Shinseki

Opinion

PER CURIAM.

Charles E. Chastain (“Chastain”) appeals from the decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying his claim for an earlier effective date of service-connected lower-back disability. Chastain v. Shinseki, No. 10-1528, 2012 WL 1021491 (Vet.App. Mar. 28, 2012) (unpublished).

Although Chastain frames the issue on appeal as whether the Veterans Court correctly interpreted the law and applied the correct legal standard, in effect he disagrees with the application of the “clear and unmistakable error” standard of 38 U.S.C. § 5109A and 38 C.F.R. § 3.105(a) to the facts of his case. We do not have jurisdiction to review the Veterans Court’s application of the law to the facts unless it presents a constitutional issue, not presented here. 38 U.S.C. § 7292(d)(2); Jackson v. Shinseki, 587 F.3d 1106, 1109 (Fed.Cir. 2009); cf. Livingston v. Derwinski, 959 F.2d 224, 225 (Fed.Cir. 1992) (“[T]he mere recitation of a basis for jurisdiction by party or a court[ ] is not controlling; we must look to the true nature of the action.”).

Accordingly, we dismiss Chastain’s appeal for lack of jurisdiction.

DISMISSED

Costs

No costs.

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