Bracy v. Shinseki

358 F. App'x 159 (Fed. Cir. 2009) · United States Court of Appeals for the Federal Circuit · December 17, 2009

Summary

The United States Court of Appeals for the Federal Circuit dismissed Bracy’s appeal from a decision of the United States Court of Appeals for Veterans Claims. The court held that Bracy raised only factual issues, which are outside the Federal Circuit’s jurisdiction under 38 U.S.C. § 7292(d)(2), and ordered each side to bear its own costs.

Holdings

  1. The Federal Circuit lacked jurisdiction because Bracy'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 under 38 U.S.C. § 7292 to review Bracy's challenges to factual determinations and the application of law to the facts of his veterans-benefits claim.

Disposition

dismissed

Cases Cited (1)

  • Forshey v. Principi, 284 F.3d 1335, 1338 (Fed. Cir. 2002) (en banc)(followed)

Cited In (0)

No citing cases on record yet.

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