Williams v. Shinseki

Summary

The United States Court of Appeals for the Federal Circuit dismissed Fred R. Williams’s appeal from a decision of the Court of Appeals for Veterans Claims concerning service connection for a right-hip disorder. The court held that it lacked jurisdiction to review the Veterans Court’s determination regarding the Department of Veterans Affairs’ notice requirements under 38 U.S.C. § 5103(a), and it declined to consider arguments not raised below.

Holdings

1. The Federal Circuit lacked jurisdiction to review the Court of Appeals for Veterans Claims' determination concerning 38 U.S.C. § 5103(a) because the challenge presented only factual issues or the application of law to fact.
2. Arguments not raised before the Court of Appeals for Veterans Claims were not properly before the Federal Circuit on appeal.

Questions Presented

1. Whether the Federal Circuit had jurisdiction to review the Court of Appeals for Veterans Claims' determination that the Secretary satisfied the duty-to-notify requirements of 38 U.S.C. § 5103(a).
2. Whether Williams's arguments concerning the merits of his disability claim and his dishonorable discharge were properly before the Federal Circuit when they had not been raised below.

Disposition

dismissed