Jenese E. Smith v. ERIC K. SHINSEKI., Secretary of Veterans Affairs

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-7031
JENESE E. SMITH,
Claimant-Appellant,
v.
ERIC K. SHINSEKI., Secretary of Veterans Affairs,
Respondent-Appellee.
Appeal from the United States Court of Appeals for Veterans Claims in
06-2970, Judge Bruce E. Kasold.
ON MOTION
Before GAJARSA, FRIEDMAN, and LINN, Circuit Judges.
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir.
R. 27(f) and to dismiss Jenese E. Smith's appeal from the United States Court of
Appeals for Veterans Claims judgment in Smith v. Peake, 06-2970, for lack of
jurisdiction. Smith opposes.
Smith sought review by the Court of Appeals for Veterans Claims of a Board of
Veterans' Appeals decision that denied particular disability ratings. Determining that the
Board's statement of reasons or bases was inadequate, the Court of Appeals for
Veterans Claims vacated and remanded the appeal for readjudication. Smith now
seeks review of the remand order.
Under 38 U.S.C. § 7292, this court has limited jurisdiction over appeals from
decisions of the Court of Appeals for Veterans Claims. See Forshey v. Principi, 284

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s20
cc: Jenese E. Smith
Phyllis Jo Baunach, Esq.
MAY - 5 2009
ISSUED AS A MANDATE:
Date Jan Horbaly
UablerFidiAL IIVOItJITI"
Clerk
MAY -5 2009
JAN 111)1thhti
CLERK
F.3d 1335, 1338 (Fed. Cir. 2002) (en banc). This court typically lacks jurisdiction over
remand orders because they are not final judgments. This court can only review
remands, inter alia, where "the remand disposes of an important legal issue that would
be effectively unreviewable at a later stage of litigation." Winn v. Brown, 110 F.3d 56,
57 (Fed. Cir. 1997). See also Williams v. Principi; 275 Fed. Cir. 1361, 1364 (Fed. Cir.
2002). Because the Court of Appeals for Veterans Claims decision to remand in this
case does not decide any legal issue that would be effectively unreviewable at a later
stage of litigation, this court does not have jurisdiction to review the Court of Appeals for
Veterans Claims remand order.'
Accordingly,
IT IS ORDERED THAT:
The Secretary's motions are granted. The appeal is dismissed.
Each side shall bear its own costs.
FOR THE COURT
MAY - 5 2009 Is/ Jan Horbaly
* If the Court of Appeals for Veterans Claims issues an adverse final decision at a
later date, Smith may thereafter seek review of that decision, if appealable and within
this court's jurisdiction.

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