Cheramy Rusbuldt v. Shinseki
Cheramy Rusbuldt v. Shinseki
Opinion
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 Mar. 28, 2012) (unpublished).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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.