This morning the Federal Circuit issued one nonprecedential opinion in a veterans case, one nonprecedential erratum, and three Rule 36 judgments. Here is the introduction to the opinion, the text of the erratum, and a list of the Rule 36 judgments.
Whitney v. Wilkie (Nonprecedential)
Excell Whitney, an Army veteran proceeding pro se, seeks an earlier effective date for his award of compensation for migraine headaches, a back disability, and an ankle disability. Whitney raises two issues on appeal. First, Whitney challenges the determination by the Court of Appeals for Veterans’ Claims that Whitney filed his migraine disability claim on October 5, 1990. Second, Whitney challenges the Veterans Court’s determination that the “altered evidence” rule set forth in Cushman v. Shinseki, 576 F.3d 1290, 1298–99 (Fed. Cir. 2009), does not apply to his case. Although we have jurisdiction to review certain constitutional and legal issues decided by the Veterans Court, we are statutorily prohibited from reviewing the court’s factual determinations or the court’s application of law to particular facts. 38 U.S.C. § 7292(d)(2). Both of the issues raised by Whitney involve factual findings or application of law to facts. We therefore lack jurisdiction to hear either of Whitney’s challenges, and we dismiss this appeal.
In re Fernandez (Erratum)
Please make the following change:
On page 8, line 17, replace “reversable” with “reversible”