Henderson v. Principi ( 2005 )

NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is
not citable as precedent. It is a public record.
United States Court of Appeals for the Federal Circuit
04-7112
FRANK L. HENDERSON,
Claimant-Appellant,
v.
ANTHONY J. PRINCIPI, Secretary of Veterans Affairs,
Respondent-Appellee.
__________________________
DECIDED: January 14, 2005
__________________________
Before NEWMAN, MAYER*, and CLEVENGER, Circuit Judges.
PER CURIAM.
Frank L. Henderson (“Henderson”) appeals the judgment of the Court of Appeals
for Veterans Claims (“Veterans Court”), which affirmed the Board of Veterans Appeals’
(“board”) decision denying Henderson’s allegations of clear and unmistakable error
(“CUE”). Henderson v. Principi, No. 02-907 (Vet. App. Mar. 10, 2004). We dismiss for
want of jurisdiction.
________________________
* Haldane Robert Mayer vacated the position of Chief Judge on December 24, 2004.
We review the judgment of the Veterans Court pursuant to 38 U.S.C. § 7292(a),
which limits our reconsideration to questions of law. See Herndon v. Principi, 311 F.3d
1121, 1123-24 (Fed. Cir. 2002). We may review a challenge to a factual determination
or a challenge to a law or regulation as applied to the facts of Henderson’s appeal only
to the extent that it presents a constitutional issue. See 38 U.S.C. § 7292(d)(2) (2000);
Helfer v. West, 174 F.3d 1332, 1335 (Fed. Cir. 1999). Henderson, a Korean War
veteran, has pursued a claim for compensable disability resulting from a burn sustained
to the back of his right hand in 1951. In 1960, the Regional Office (“RO”) granted
service connection for his burn. The RO and the board have repeatedly denied his
appeals for a compensable disability rating. Henderson now asserts that the decisions
were the result of CUE because the RO and board did not properly consider his medical
records, and that the board’s evidentiary determinations violated his right to due
process. Henderson’s claim is purely factual, raises no cognizable due process issue,
and, therefore, is not appropriate for disposition by this court. See Helfer, 174 F.3d at
1335-36.
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