DOROTHY LAFORTUNE v. DAVID SHULKIN SECRETARY OF VETERANS AFFAIRS

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United States Court of Appeals, Federal Circuit.

DOROTHY LAFORTUNE, Claimant-Appellant v. DAVID J. SHULKIN, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee

2016-2350

Decided: September 08, 2017

Before MOORE, CHEN, and HUGHES, Circuit Judges. KENNETH M. CARPENTER, Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellant. SARAH CHOI, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represent-ed by JOYCE R. BRANDA, ROBERT E. KIRSCHMAN, JR., ALLISON KIDD-MILLER; Y. KEN LEE, MARTIE ADELMAN, CHRISTINA LYNN GREGG, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Our jurisdiction to review decisions by the Veterans Court is limited by statute. Unless an appeal raises a constitutional issue, we lack jurisdiction to review “a challenge to a factual determination” or “a challenge to a law or regulation as applied to the facts of a particular case.” 38 U.S.C. § 7292(d)(2). The issues raised on appeal are all limited to the appeal of fact findings as to whether Ms. LaFortune and the veteran entered into a civ-il/ceremonial or common-law marriage. We see no ques-tion of law. Because Ms. LaFortune's appeal only involves factual determinations and the application of law to the facts of the case, Ms. LaFortune's appeal is beyond the scope of our jurisdiction. We dismiss for lack of jurisdiction.

DISSMISSED

COSTS

No costs.

PER CURIAM.