Jasper Boggs, Jr, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs

I respectfully dissent from the ruling that the Federal Circuit does not have authority to receive this appeal. I can not agree with my colleagues on this panel that the interpretation of 38 U.S.C. § 1151 is not properly before us, or was not sufficiently placed at issue.

Pursuant to § 1151, Mr. Boggs submitted medical opinion evidence of a causal connection between the hospital’s administration of LSD and his psychiatric illness. The Board of Veterans Appeals held that he had not succeeded in establishing service-connection, and the Court of Appeals for Veterans Claims affirmed on the factual…