Background
Mario D. Covington, a pro se appellant, appealed a decision by the Court of Appeals for Veterans Claims affirming the Board of Veterans’ Appeals’ denial of an effective date prior to June 9, 2017, for his service-connected PTSD. Covington had filed an informal claim in 2011 but did not complete the required application. He later filed a claim for depression in 2017, which was granted with an effective date of June 9, 2017. Covington argued he was entitled to an earlier date based on his discharge date and alleged clear and unmistakable error.
The court’s reasoning
The court reiterated its limited jurisdiction under 38 U.S.C. Section 7292(d)(2), which prohibits review of factual determinations or the application of law to facts unless a constitutional issue is presented. The court found that Covington’s arguments regarding clear and unmistakable error were not properly raised before the Veterans Court, and his challenges to the application of regulations were factual in nature. Consequently, the court found no jurisdiction to hear the appeal.
What it means going forward
The dismissal reinforces the strict jurisdictional limits on the Federal Circuit in veterans benefits cases, requiring appellants to raise constitutional issues or properly preserve clear and unmistakable error claims at the lower court level.