United States Federal Circuit

38 USC 7292 does not provide an appellate court with jurisdiction where a statute is unambiguous on its face, the parties did not argue for differing interpretations, and the lower court opinion is silent on adopting a particular statutory construction.

Appellate Information

• Decided 12/04/2001
• Published 12/05/2001

Judges

• MICHEL, Circuit Judge., Before MICHEL, RADER and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• William L. Olsen, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent-appellee.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Kathryn A. Bleecker, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC.