Murray Walter, Inc., Appellant, v. the United States, Appellee, 847 F.2d 841 (Fed. Cir. 1988)

DECISION

The decision of the Veterans Administration Board of Contract Appeals, VABCA No. 1848, is affirmed on the basis of the board's opinion.

OPINION

We are satisfied by the post-argument submissions that this case is within our jurisdiction under the Contract Disputes Act of 1978, notwithstanding appellant's mischaracterization of it as a Wunderlich Act appeal. But our review is limited and we may not decide factual disputes for ourselves as appellant would have us do. We can overturn the board's factual determinations only if they are arbitrary, capricious, unsupported by substantial evidence or rendered in bad faith. American Elec. Laboratories, Inc. v. United States, 774 F.2d 1110, 1112 (Fed. Cir. 1985). If there is substantial evidence on the record to support the board's findings, see United States v. General Elec. Corp., 727 F.2d 1567, 1572 (Fed. Cir. 1984), we are constrained to uphold them even if there is also evidence the other way. On conflicting evidence, where credibility matters, we defer to the board. Gyromat Corp. v. Champion Spark Plug Co., 735 F.2d 549, 552, 222 USPQ 4, 6 (Fed. Cir. 1984). So, too, with inferences. In view of this, appellant has not shown any basis for relief.