This morning, the Federal Circuit released two nonprecedential opinions. One comes in a severance pay case appealed from the Court of Federal Claims, and the other comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.
Cullerton v. United States (Nonprecedential)
Mr. Thomas Kevin Cullerton filed a complaint at the Court of Federal Claims (“Claims Court”) seeking severance pay following his separation from the United States Forest Service (“Forest Service”). The Claims Court dismissed the complaint because Mr. Cullerton’s eligibility for an immediate retirement annuity disqualified him from receiving severance pay. We affirm.
Eriksmoen v. Collins (Nonprecedential)
Eric Eriksmoen appeals a decision of the Court of Appeals for Veterans Claims affirming a Board of Veterans’ Appeals decision, which denied Mr. Eriksmoen service connection for his lower spine disability. Mr. Eriksmoen only “asks this Court to review the Veterans Court’s decision insofar as it misapplied the law with respect to harmless error.” Appellant’s Br. 2; see also Reply Br. 2 (“We did not raise a constitutional issue[.]”). This we cannot do. 38 U.S.C. § 7292(d)(2) (the Federal Circuit “may not review . . . a challenge to a law or regulation as applied to the facts of a particular case”).
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We lack jurisdiction to consider this argument, which in substance is that the Veterans Court incorrectly applied the harmless error rule. Accordingly, we dismiss.