JOHNSON V DVA, No. 08-7048 (Fed. Cir. 2008)
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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit 2008-7048 ALICE W. JOHNSON, Claimant-Appellant, v. JAMES B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee. Alice W. Johnson, of Miami, Florida, pro se. David F. D Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondentappellee. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General; Jeanne E. Davidson, Director; and Kirk T. Manhardt, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC. Appealed from: United States Court of Appeals for Veterans Claims Judge Donald L. Ivers NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit 2008-7048 ALICE W. JOHNSON, Claimant-Appellant, v. JAMES B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee. Appeal from the United States Court of Appeals for Veterans Claims in 06-1947, Judge Donald L. Ivers. __________________________ DECIDED: June 9, 2008 __________________________ Before MAYER, SCHALL and LINN, Circuit Judges. PER CURIAM. Alice W. Johnson appeals the judgment of the United States Court of Appeals for Veterans Claims, which affirmed the Board of Veterans Appeals decision dismissing her claims that prior board decisions dated November 1982, February 1986, and December 1986 should be revised due to clear and unmistakable error. Johnson v. Mansfield, No. 06-1947 (Vet. App. Nov. 28, 2007). Johnson disagrees with how factual evidence related to the onset of her deceased husband s multiple sclerosis was weighed by the Veterans Court and the board. Because we lack authority to review either a challenge to a factual determination or a challenge to a law or regulation as applied to the facts of a particular case absent a constitutional issue, 38 U.S.C. ยง 7292(d)(2), we dismiss the appeal. 2008-7048 2
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