United States Federal Circuit

The scope of the Circuit Court's jurisdiction in cases coming from the Court of Appeals for Veterans Claims (CAVC) under 38 U.S.C. section 7292 is limited to: 1) issues concerning the validity of statutes or regulations on which the decision of the CAVC depended; 2) issues of interpretation if the CAVC elaborated the meaning of a statute or regulation and the decision depended on that interpretation; (3) issues of validity or interpretation raised before the CAVC but not explicitly decided, if the decision would have been altered by adopting the position that was urged; and (4) other "relevant" questions of law. Here, the CAVC's denial of death benefits affirmed.

Appellate Information

• Decided 04/01/2002
• Published 04/01/2002

Judges

• Before MAYER, Chief Judge, NEWMAN, MICHEL, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, for claimant-appellant., Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, for amicus curiae Paralyzed Veterans of America.   With him on the brief was Linda E. Blauhut., Robert V. Chisholm, Chisholm Chisholm & Kilpatrick LLP, of Providence, Rhode Island, for amicus curiae National Organization of Veterans' Advocates., Stephen B. Kinnaird, Sidley & Austin, of Washington, DC, for amicus curiae National Veterans Legal Services Program.   With him on the brief were Ronald S. Flagg, and Heather M. Walloch.   Of counsel on the brief was Barton F. Stichman, National Veterans Legal Services Project, of Washington, DC.


• For Appellees:
  
• Virginia M. Lum, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent-appellee.   With her on the brief were David M. Cohen, Director;  and Bryant G. Snee, Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and David J. Barrans, Staff Attorney, Department of Veterans Affairs, of Washington, DC.