NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-7195
JAMES B. CRISWELL,
Claimant-Appellant,
v.
GORDON H. MANSFIELD, Acting Secretary of Veterans Affairs,
Respondent-Appellee.
James B. Criswell, of Las Vegas, Nevada, pro se.
Roger A. Hipp, Trial Attorney, Commercial Litigation Branch, Civil Division,
United States Department of Justice, of Washington, DC, for respondent-appellee. With
him on the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson,
Director, and Martin F. Hockey, Jr., Assistant Director. Of counsel on the brief were
Michael J. Timinski, Deputy Assistant General Counsel, and Martie Adelman, Attorney,
United States Department of Veterans Affairs, of Washington, DC.
Appealed from: United States Court of Appeals for Veterans Claims
Judge Lawrence B. Hagel
NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-7195
JAMES B. CRISWELL,
Claimant-Appellant,
v.
GORDON H. MANSFIELD, Acting Secretary of Veterans Affairs,
Respondent-Appellee.
__________________________
DECIDED: October 4, 2007
__________________________
Before MAYER and GAJARSA, Circuit Judges, and RESTANI, Judge. ∗
PER CURIAM.
James B. Criswell appeals the judgment of the United States Court of Appeals
for Veterans Claims, which affirmed the Board of Veterans’ Appeals decision denying
his claim for an effective date prior to August 21, 1997, for a 50% combined disability
rating for his service-connected cold-injury residuals of the hands and feet. Criswell v.
Nicholson, No. 03-845 (Vet. App. Dec. 4, 2006). 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. §
7292(d)(2), we dismiss his appeal.
∗
Honorable Jane A. Restani, Chief Judge of the United States Court of
International Trade, sitting by designation.