Background
Donald Carlyle Hill appealed a decision by the United States Court of Appeals for Veterans Claims that dismissed his appeal from the Board of Veterans’ Appeals. The Veterans Court had dismissed the appeal because the Board did not issue a final decision adverse to Hill. The Board’s order had granted one claim, remanded four claims, referred two claims for initial adjudication, and dismissed two claims that the Board concluded Hill had voluntarily dismissed.
The court’s reasoning
The Federal Circuit held that under Section seventy-two hundred fifty-two of Title thirty-eight of the United States Code, the Veterans Court only has jurisdiction to review Board decisions that are final and adverse. The court noted that remand and referral determinations are not decisions conferring jurisdiction. Additionally, a grant of relief is not adverse to the claimant. Finally, the court lacks jurisdiction to review challenges to a claimant’s abandonment of claims or arguments.
What it means going forward
Veterans cannot appeal Board orders that grant relief, remand claims, or refer claims for initial adjudication to the Veterans Court, nor can they challenge abandonment rulings.