COSTELLO v. WILKIE (2020)

Appellant, Eugene Costello, appeals a decision of the U.S. Court of Appeals for Veterans Claims (“Veterans Court”) affirming a decision of the Board of Veterans’ Appeals that denied Mr. Costello's request to revise a December 1965 rating decision. Costello v. Wilkie, No. 18-3462, 2019 WL 2261275, at *4 (Vet. App. May 28, 2019); see J.A. 16 (Judgment); see also J.A. 27 (1965 Rating Decision), 86–104 (Board Decision). Mr. Costello failed to present to the Veterans Court the sole issue he now raises on appeal—namely, “[t]he correct interpretation of the phrase ‘recognized as symptomatic of brain trauma’ ” as used in Diagnostic Code 8045 of 38 C.F.R. § 4.124a (1965). Appellant's Br. 11. Compare id. at 1, 3–11, with J.A. 105–16 (Mr. Costello's Brief to the Veterans Court). See In re DBC, 545 F.3d 1373, 1378 (Fed. Cir. 2008) (“It is well-established that a party generally may not challenge an agency decision on a basis that was not presented to the agency.”). Accordingly, Mr. Costello's appeal is

DISMISSED

Wallach, Circuit Judge.