United States Federal Circuit

Under 8 USC 7292, Board of Veteran's Appeals finding that plaintiff did not have heart disease is a finding of fact not reviewable on appeal even if plaintiff alleged Board used wrong evidentiary standard.

Appellate Information

• Decided 11/13/2001
• Published 11/13/2001

Judges

• ARCHER, Senior Circuit Judge., Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.


• For Appellees:
  
• David D'Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and Michelle Doses Bernstein, Attorney, Department of Veterans Affairs, of Washington, DC.