Legal Opinion
Smith v. McDonald
Court of Appeals for the Federal Circuit
Decided March 4, 2015No. 2015-7009Unpublished
1Per curiam
Kevin D. Smith (“Smith”) appeals from the decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying his petition for a writ of mandamus. See Smith v. McDonald, No. 14-1832, 2014 WL 3909109 (Vet.App. Aug. 12, 2014) (“Order”). Because Smith’s arguments challenge only factual findings and an application of law to fact, we dismiss for lack of jurisdiction.
Background
Smith served on active duty in the Marines from June 1978 to August 1978. During his service entrance examination, an examiner determined that Smith had a congenital disability resulting in his left…
2Cases cited4 opinions
- Henry L. Conway, Jr., Claimant-Appellee v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2004
- Stephen L. Helfer, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1999
- Carl v. Lamb, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
- Smith v. ShinsekiCourt of Appeals for the Federal Circuit · 2013