Oscar S. Goins v. ERIC K. SHINSEKI, Secretary of Veterans Affairs

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-7020
OSCAR S. GOINS,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, Secretary of Veterans Affairs,
Respondent-Appellee.
Appeal from the United States Court of Appeals for Veterans Claims in
06-1377, Judge Bruce E. Kasold.
ON MOTION
Before GAJARSA, FRIEDMAN, and LINN Circuit Judqes.
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir.
R. 27(f) and dismiss for lack of jurisdiction Oscar S. Goins's appeal from a decision of
the United States Court of Appeals for Veterans Claims affirming the Board of Veterans'
Appeals (Board) decision that denied Goins entitlement to disability compensation
based on Agent Orange exposure for liver disease, kidney disease, and skin disease.
Goins opposes.
At the Court of Appeals for Veterans Claims, Goins argued that the Board erred
in (1) determining he was not eligible for disability compensation based on exposure to
Agent Orange, (2) failing to apply the benefit of the doubt principle pursuant to 38
U.S.C. § 5107(b), (3) failing to provide a Statement of the Case (SOC), and (4) not
addressing whether Goins was entitled to disability compensation for post-traumatic

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stress disorder (PTSD). The Court of Appeals for Veterans Claims affirmed the Board's
decision. In doing so, the court found that none of Goins's claimed diseases were
entitled to a presumption of Agent Orange exposure and that there was no medical
evidence that Goins suffered from any current skin, liver, or kidney condition. The court
also found that the record reflected that Goins received an SOC and that his PTSD
claim was pending before the agency and was not on appeal before the court.
The court's jurisdiction to review decisions of the Court of Appeals for Veterans
Claims is limited. See Forshey v. Principi 284 F.3d 1335, 1338 (Fed. Cir. 2002) (en
banc). Under 38 U.S.C. § 7292(a), this court has jurisdiction over rules of law or the
validity of any statute or regulation, or an interpretation thereof relied on by the court in
its decision. This court may also entertain challenges to the validity of a statute or
regulation, and to interpret constitutional and statutory provisions as needed for
resolution of the matter. 38 U.S.C. § 7292(c). In contrast, except where an appeal
presents a constitutional question, this court lacks jurisdiction over challenges to factual
determinations or laws or regulations as applied to the particular case. 38 U.S.C. §
7292(d)(2).
Goins asserts in his brief and response that the Court of Appeals for Veterans
Claims failed to consider the evidence that demonstrates his entitlement to
compensation benefits. Goins's arguments regarding how the court weighed the
evidence and facts of his case are outside of this court's limited jurisdiction. Goins also
generally asserts that the court failed to follow the statutes and regulations and also
violated his "constitutional rights from A-Z," including various assertions of due process
violations alleged against the agency, the court, and the government. Although Goins
asserts that his arguments involve issues of statutory interpretation and matters of law,
this court must look beyond the appellant's characterization of the issues to determine
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whether they fall within the jurisdiction of this court. Flores v. Nicholson 476 F.3d 1379,
1382 (Fed. Cir. 2007); Helfer v. West, 174 F.3d 1332, 1335 (Fed. Cir. 1999). Here,
Goins's arguments are aimed at factual issues or issues outside the confines of this
appeal. Because we agree with the Secretary that this court lacks jurisdiction, we must
dismiss Goins's appeal.
Accordingly,
IT IS ORDERED THAT:
The Secretary's motions are granted.
Each side shall bear its own costs.
FOR THE COURT
MAY - 5 2009 /s/ Jan Horbalv
Date
cc: Oscar S. Coins
Stacey K. Grigsby, Esq.
Jan Horbaly
Clerk
eeitittropPEaLs FOR
THE F CIRCUIT
s19 MAY -5 2009
JAN HONahLi
CLERK ISSUED AS A MANDATE: MAY - 5 2009
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