This morning the Federal Circuit released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders dismissing appeals and two Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.
McCormick v. McDonough (Nonprecedential)
Leon H. McCormick, a veteran of the Korean War, was diagnosed with asbestosis with pulmonary nodules and sought compensation for his disability from the Department of Veterans Affairs. The Board of Veterans’ Appeals (“Board”) found that Mr. McCormick’s condition, though service connected, did not entitle him to compensation, and the United States Court of Appeals for Veterans Claims (“Veterans Court”) affirmed. Because Mr. McCormick raises no colorable constitutional questions on appeal, and all his other challenges would require us to review factual determinations, the application of law to facts, or decisions in other proceedings not properly part of this appeal, we lack jurisdiction. See 38 U.S.C. § 7292(a), (d)(2). We dismiss.