United States Federal Circuit
Githens v. Shinseki, 2010-7129
In a case in which a veteran brought a claim before the Department of Veterans Affairs for total disability based on individual unemployability, her appeal of the decision of the Court of Appeals for Veterans Claims that affirmed the Regional Office (RO)'s denial is dismissed for lack of jurisdiction, where the appeal did not involve an interpretation of the governing regulation, since a sentence in the Veterans Court's decision that "it was predominantly her non-service-connected disabilities that prevented her from obtaining employment" was a mere statement of the Veterans Court's view on whether the RO's error constituted clear and unmistakable error, and not a statement of interpretation of the regulation.
Appellate Information
- Decided 04/26/2012
- Published 04/26/2012
Judges
- Reyna
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Kenneth M. Carpenter, L. Misha Preheim