Joseph L. Sims v. Eric K. Shinseki, Secretary of Veterans Affairs

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

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

2011-7168

Appeal from the United States Court of Appeals for
Veterans Claims in case no. 09-2928, Judge Lawrence B.
Hagel.

Before NEWMAN, LINN, 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 Jospeh L.
Sims' appeal for lack of jurisdiction, or in the alternative,
to summarily affirm. Sims has not filed a response.

Sims served on active duty in the U.S. Army from Oc-
tober 1986 to September 1991. In May 1996, a Depart-
ment of Veterans Affairs regional office (RO) denied Sims
claim for disability benefits for an undiagnosed illness

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that left Sims feel "sick and feeling bad." In January
1999, the RO denied Sims' claim for benefits for an ad-
justment disorder with anxiety and depression, finding no
evidence that his condition was incurred in, or caused by,
his active service. In February 2006, the RO denied Sims'
claim for benefits for depression, post traumatic stress
disorder (PTSD), and a mental disorder. The Board of
Veterans' Appeals denied Sims' claim, finding that the
evidence did not show that Sims had PTSD and that any
other psychiatric conditions were not related to his ser-
vice. On appeal, the Court of Appeals for Veterans
Claims affirmed, concluding that the Board did err in
relying on a 2009 medical examination report in making
its determination.

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
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).

In light of this court's jurisdictional limitations, we
must dismiss Sims' appeal. Sims' informal brief does not
make any argument that his appeal involves the validity
or interpretation of a statute or regulation. Sims also
admits that his appeal does not involve any constitutional
issue that this court may have authority to review.

Accordingly,

IT IS ORDERED THAT:

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

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SIMS v. DVA

(2) Each side shall bear its own costs.

FOR THE COURT

JAN 13 2012

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Joseph L. Sims
Joshua E. Kurland, Esq.

s20

Issued As A Mandate:

JAN 13 2012

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JAN 13 2012

JAN HORBALY
CLERK