King v. Dept. Of Veterans Affairs

Dissenting opinion filed by Circuit Judge O’MALLEY.

RADER, Chief Judge.

The United States Court of Appeals for Veterans Claims affirmed the decision of the Board of Veterans Appeals affirming the denial of Nathan King’s claim for compensation benefits for his back and bilateral hip conditions. On appeal to this court, Mr. King contends that the Veterans Court erred by discounting lay testimony offered by Mr. King and his wife. Because, as a preliminary matter, the Veterans Court did not fail to consider Mr. *1341King’s proffered lay evidence, this court lacks jurisdiction over Mr. King’s contention,…