Ivy L. Horton v. ERIC K. SHINSEKI., Secretary of Veterans Affairs

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2008-7151
IVY L. HORTON,
Claimant-Appellant,
v.
ERIC K. SHINSEKI., Secretary of Veterans Affairs,
Respondent-Appellee.
Appeal from the United States Court of Appeals for Veterans Claims in
06-0931, Judge Ronald M. Holdaway.
ON MOTION
Before GAJARSA, LINN, and PROST, Circuit Judges.
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir.
R. 27(f) and to dismiss Ivy L. Horton's appeal from the United States Court of Appeals
for Veterans Claims judgment in Horton v. Peake, 06-0931, for lack of jurisdiction.
Horton sought review by the Court of Appeals for Veterans Claims of a Board of
Veterans' Appeals decision that denied Horton's claims for entitlement to benefits other
than health care. The Veterans Court vacated and remanded the appeal for
readjudication. Horton 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
F.3d 1335, 1338 (Fed. Cir. 2002) (en banc). This court typically lacks jurisdiction over
Veterans Court remands because they are not final judgments. This court can only

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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). Because the Veterans Court's decision to remand in this case
does not include any legal issue that would be effectively unreviewable at a later stage
of litigation, this court does not have jurisdiction to review the Veterans Court's nonfinal
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
FEB 6 2009 /s/ Jan Horbaly
Jan Horbaly FILED
Clerk U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
Date
cc: Ivy L. Horton
Dawn E. Goodman, Esq.
s20
FEB 6 2009
FEB 0 6 2009
JAN HORBALY
CLERK
ISSUED AS A MANDATE:
* If the Veterans Court issues an adverse final decision at a later date, Horton
may thereafter seek review of that decision, if appealable and within this court's
jurisdiction.
2008-7151 - 2 -

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