Dawkins v. Peake

Summary

The United States Court of Appeals for the Federal Circuit dismissed Rory O. Dawkins’s appeal from a decision of the United States Court of Appeals for Veterans Claims. The court held that Dawkins’s challenges concerned factual determinations or the application of law to the facts, which are outside the Federal Circuit’s limited jurisdiction under 38 U.S.C. § 7292.

Holdings

1. The Federal Circuit lacked jurisdiction because Dawkins's arguments challenged factual determinations and the application of law or regulation to the facts of his particular case.

Questions Presented

1. Whether the Federal Circuit had jurisdiction to review Dawkins's challenges to the Board's consideration of the facts, medical evidence, and pain evidence.
2. Whether the appeal should be dismissed because it raised only challenges to factual determinations or to the application of law to the facts.

Disposition

dismissed