Tommy Justice v. Eric K. Shinseki, Secretary of Veterans Affairs

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# United States Court of Appeals for the Federal Circuit

TOMMY JUSTICE,
Claimant-Appellant,
V.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.

2011-7093

Appeal from the United States Court of Appeals for
Veterans Claims in case no. 09-2092, Judge Mary J.
Schoelen.

Before LOURIE, MOORE, and REYNA, Circuit Judges.
PER CURIAM.

## ORDER

The Secretary of Veterans Affairs moves to waive the
requirements of Fed. Cir. R. 27(f) and to dismiss Tommy
Justice's appeal from the United States Court of Appeals
for Veterans Claims' judgment in Justice v. Shinseki, 09-
2092, for lack of jurisdiction.

Justice sought review by the Court of Appeals for Vet-
erans Claims of a Board of Veterans' Appeals decision

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denying Justice's claim for an earlier effective date for
service connection due to an anxiety disorder. In its
decision, the Board determined that Justice was not
entitled to an effective date prior to September 30, 2002,
when he reopened his prior claim, and there was no
evidence to support Justice's assertion that he never
received a January 2000 Board decision denying service
connection.

Under 38 U.S.C. § 7292, this court has limited juris-
diction over appeals from decisions of the Court of Ap-
peals for Veterans Claims. See Forshey v. Principi, 284
F.3d 1335, 1338 (Fed. Cir. 2002) (en banc). This court
"may not review (A) a challenge to a factual determina-
tion, or (B) a challenge to a law or regulation as applied to
the facts of a particular case." 38 U.S.C. § 7292(d)(2).

In his informal brief, Justice only argues that the
Board failed to properly consider the evidence in denying
his claim for an earlier effective date for service connec-
tion. Because Justice fails to raise an issue within our
jurisdiction, we must dismiss this appeal.

Accordingly,

IT IS ORDERED THAT:

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

(2) Each side shall bear its own costs.

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SEP 0 2 2011

/s/ Jan Horbaly

Date

Jan Horbaly

Clerk

cc: Tommy Justice Tara K. Hogan, Esq.

s20 Issued As A Mandate: SEP 02 2011

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
SEP 02 2011

JAN HORBALY
CLERK