Freddie E. McCowan v. ERIC K. SHINSEKI, Secretary of Veterans Affairs

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

2009-7122

FREDDIE E. MCCOWAN,

Claimant-Appellant,

V.

ERIC K. SHINSEKI, Secretary of Veterans Affairs,
Respondent-Appellee.

ON MOTION
Appeal from the United States Court of Appeals for Veterans Claims in
07-1490, Judge Ronald M. Holdaway.

Before RADER, CLEVENGER, and DYK, Circuit Judges.
PER CURIAM

## ORDER

The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir.
R. 27(f) and dismiss this appeal for lack of jurisdiction or, in the alternative, summarily
affirm the judgment of the United States Court of Appeals for Veterans Claims in
McCowan v. Shinseki, No. 09-7122.

Freddie E. McCowan sought review by the Court of Appeals for Veterans Claims
of a Board of Veterans' Appeals decision denying McCowan's claim for entitlement to
service connection for post-traumatic stress disorder (PTSD). The Board had
determined that the evidence did not support a finding that McCowan had PTSD, and
the Court of Appeals for Veterans Claims held that the Board's decision had a plausible
basis in the record and was not clearly erroneous. McCowan appeals to this court.

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The Secretary moves to dismiss the appeal for lack of jurisdiction, asserting that
McCowan only argues that the Board failed to properly weigh the medical evidence
related to his claim for PTSD. We agree. In McCowan's brief, he makes arguments
concerning the evidence and mentions but does not explain a constitutional argument.
This court must look beyond the appellant's characterization of the issues to determine
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,
McCowan only challenges the Court of Veterans Claims' findings regarding his alleged
PTSD. Because we agree with the Secretary that this court lacks jurisdiction, we must
dismiss McCowan's appeal.

Accordingly,

IT IS ORDERED THAT:

(1) The Secretary's motion to dismiss is granted. The motion for summary
affirmance is moot.

(2)
Each side shall bear its own costs.

FOR THE COURT

NOV 1 0 2009

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT

cc:
Freddie E. McCowan
Stephen C. Tosini, Esq.

$20

NOV 10 2009

NOV 1 0 2009

ISSUED AS A MANDATE:

JAN HORBALY
CLERK

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