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Ferguson v. Principi

Where Court of Appeals for Veterans Claims denied claim for service connection for residuals from a head injury suffered while claimant was on active duty, appeal dismissed because it was clear that the Court of Appeals merely applied the appropriate statute, which needed no interpretation, to the facts of the case.

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Appealed from: United States Court of Appeals for Veterans Claims Judge William P. Greene, Jr.

Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Circuit Judge SCHALL.

William Ferguson appeals the September 15, 2000, decision of the United States Court of Appeals for Veterans Claims, No. 98-637, affirming the Board of Veterans’ Appeals (“Board”) decision which denied his claim and holding that 38 U.S.C. � 5107(b) did not apply because the Board correctly found that the probative evidence against Mr. Ferguson’s claim outweighed the probative evidence supporting the claim. Section 5107(b) applies only if the evidence for and against the claim is in “approximate balance.” Thus, that section did not need interpretation, for on its plain meaning it was held inapplicable. Because it included no interpretation of any ambiguity in statutory language, the Court of Appeals for Veterans Claims decision was no more than an application of law to the facts. Therefore, under 38 U.S.C. � 7292(d)(2), we cannot review the decision but must dismiss the appeal for lack of jurisdiction.

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