This morning the Federal Circuit issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit found it lacked jurisdiction to consider the appellant’s arguments. Here is the introduction to the opinion.
Fermin v. McDonough (Nonprecedential)
Frederick Fermin, a veteran of the U.S. Army, appeals the decision of the United States Court of Appeals for Veterans Claims in Fermin v. McDonough, No. 20-6360, 2021 WL 969211 (Vet. App. Mar. 16, 2021). Mr. Fermin primarily argues that the Veterans Court erred by permitting the Secretary to file an untimely brief and that the 1949 decision reducing Mr. Fermin’s disability rating from 100% to 70% contains clear and unmistakable error (CUE). We lack jurisdiction to consider these arguments because they involve factual determinations or application of law to fact.