Eric L. Logan v. Eric K. Shinseki, Secretary of Veterans Affairs

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

ERIC L. LOGAN,
Claimant-Appellant,
V.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.

2011-7140

Appeal from the United States Court of Appeals for
Veterans Claims in 10-0794, Judge Ronald M. Holdaway.

## ON MOTION

Before BRYSON, SCHALL, and PROST, Circuit Judges.
PER CURIAM.

## ORDER

The Secretary of Veterans Affairs moves to waive the
requirements of Fed. Cir. R. 27(f) and dismiss Eric L.
Logan's appeal. Logan has not filed a response.

By way of background, while serving on active duty in
the United States Marine Corps, Logan underwent sur-

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gery for a right inguinal hernia. Since 1983, he has been
entitled to service connection for a hernia condition, but
at a noncompensable disability rating.

Approximately 20 years after being granted service
connection, Logan sought an increased rating to include a
compensable disability rating. A Department regional
office (RO) rendered an initial agency determination
denying that claim, but granted him entitlement to ser-
vice connection and a 10% disability rating for a surgical
scar on his right lower quadrant of his abdomen.

On appeal, the Board of Veterans' Appeals concluded
that there was insufficient evidence to warrant a com-
pensable rating and thus sustained the RO's determina-
tion on Logan's hernia claim. The Board further noted
that Logan had not expressed any disagreement with the
10% evaluation for his surgical scar claim, and as such,
that matter was not before the Board.

Logan then sought review by the Court of Appeals for
Veterans Claims, which affirmed the Board's determina-
tion. Logan's primary contention on appeal was that he
should receive an increased rating from 10% to 30% based
on the rating criteria. The Veterans Court noted, how-
ever, that only the surgical scar claim had been rated as
compensable and that claim was not before the court. The
court further rejected Logan's general reference to the
Board failing to take into account evidence, explaining
that Logan failed to provide a record cite for the evidence
in question or stated how the evidence related to his
hernia claim.

Our review of Veterans Court decisions is limited by
statute. See Yates v. West, 213 F.3d 1372, 1373-74 (Fed.
Cir. 2000). By statute, our jurisdiction over appeals from
the Veterans Court is limited to those appeals that chal-
lenge the validity of a decision of the Veterans Court with
respect to a rule of law or the validity of any statute or

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regulation, any interpretation thereof, or that raise any
constitutional controversies. See 38 U.S.C. § 7292. We do
not have jurisdiction to hear appeals challenging deter-
minations or the application of law to the facts of a par-
ticular case, unless there is a constitutional issue present.
See 38 U.S.C. § 7292(d)(2).

Logan seeks review of the Court of Appeals for Veter-
ans Claims' decision. In his informal brief, however,
Logan does not raise an argument challenging the valid-
ity or interpretation of a specific statute or regulation.
Nor does this court have jurisdiction to address how the
evidence was weighed in either of his claims, for those
challenges deal with issues of fact or application of law to
fact, which are outside of this court's limited jurisdiction.

Logan's "constitutional" argument states "[a]s to
whether I am Haitian, Black, Caucasian or White since
my response is African American with no specificity."
Logan appears to use a constitutional "label" without
raising an actual constitutional argument within this
court's jurisdiction. See Helfer v. West, 174 F.3d 1332,
1335 (Fed. Cir. 1999).

Accordingly,

IT IS ORDERED THAT:

(1) The Secretary's motions are granted. The appeal
is dismissed.

(2) Each side shall bear its own costs.

FOR THE COURT

NOV 14 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 14 2011

JAN HORBALY
CLERK

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LOGAN v. DVA
cc: Eric L. Logan
Douglas G. Edelschick, Esq.
s19

Issued As A Mandate:

NOV 14 2011