United States Federal Circuit

United States Court of Appeals for Veterans Claims' affirmance of the Board of Veterans' Appeals' finding of no clear and unmistakable error in a regional office decision assigning a particular date for an award of special compensation resulting from the diagnosis of a service connected seizure disorder, as well as dismissal of claimant's claims for increased compensation for lack of jurisdiction, is dismissed in part, reversed in part and remanded where: 1) claimant's challenge to the ruling on the seizure disorder is dismissed as the onset and severity of the seizure disorder are questions of fact beyond this court's jurisdiction for review; but 2) Veterans Courts' jurisdictional determination is erroneous and is thus reversed and remanded with respect to the claim arising from the loss of the use of both buttocks and the right and left trunks through the knee.

Appellate Information

• Decided 04/27/2010
• Published 04/27/2010

Judges

Court

• United States Federal Circuit

Counsel