Background
Jerry Paul Carroll, proceeding pro se, filed a petition for review alleging a constructive denial of his claims by the Board of Veterans’ Appeals. The petition failed to specifically designate any appealable order or judgment from the Board.
The court’s reasoning
The court dismissed the petition for lack of jurisdiction. Congress has granted exclusive jurisdiction to the Court of Appeals for Veteran Claims to review decisions of the Board of Veterans’ Appeals under Section thirty-eight United States Code, Section seven two five two, subsection A. Additionally, the petition failed to comply with Federal Rules of Appellate Procedure, Rule three, subsection C, paragraph one, subsection B, which requires a notice of appeal to designate the specific judgment or order being appealed.
The petition for review is DISMISSED, sua sponte, for lack of jurisdiction.
Opinion of the Court
What it means going forward
Veterans seeking judicial review of Board of Veterans’ Appeals decisions must file directly with the Court of Appeals for Veteran Claims, not the regional circuit courts of appeals.