Garrett R. Hardman v. ERIC K. SHINSEKI, Secretary of Veterans Affairs

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# United States Court of Appeals for the Federal Circuit 2010-7015

GARRETT R. HARDMAN,

Claimant-Appellant,

V.

ERIC K. SHINSEKI, Secretary of Veterans Affairs,

Respondent-Appellee.

Appeal from the United States Court of Appeals for Veterans Claims in
case no. 07-3610, Judge Robert N. Davis

ON MOTION

Before MAYER, BRYSON, and DYK, Circuit Judges.
PER CURIAM.

## ORDER

The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir.
R. 27(f) and to dismiss Garrett R. Hardman's appeal from the United States Court of
Appeals for Veterans Claims' judgment in Hardman v. Shinseki, 07-7015, for lack of
jurisdiction.

Hardman appealed to the Court of Appeals for Veterans Claims, challenging a
2007 decision of the Board of Veterans' Appeals that denied service connection for gout
and denied special monthly compensation for aid and attendance. The Court of
Appeals for Veterans Claims affirmed the Board's decision, concluding that the Board
did not err in not finding a nexus between Hardman's gout and his in-service symptoms
and in finding that Hardman was not eligible for special monthly compensation because
there was no medical evidence indicating that he was permanently housebound,

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bedridden, or in need of aid and attendance. Hardman appeals that decision to this
court.

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 "may not review (A) a challenge
to a factual determination, 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, Hardman only challenges factual determinations regarding
the medical evidence relied on by the Board. Additionally, Hardman makes no
nonfrivolous constitutional challenges. Thus, this court does not have jurisdiction over
the appeal.

Accordingly,

IT IS ORDERED THAT:

(1)
The Secretary's motions to waive the requirements of Rule 27(f) and to
dismiss are granted.

(2)
Each side shall bear its own costs.

FOR THE COURT

FEB 0 2 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc:
Garrett R. Hardman
Christopher A. Bowen, Esq.

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
FEB 02 2010

$20

ISSUED AS A MANDATE:

FEB 0 2 2010

JAN HORBALY
CLERK

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