Clay v. McDonough ( 2022 )


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  • Case: 22-1254    Document: 14     Page: 1     Filed: 06/10/2022
    NOTE: This disposition is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    WILLIE B. CLAY,
    Claimant-Appellant
    v.
    DENIS MCDONOUGH, SECRETARY OF
    VETERANS AFFAIRS,
    Respondent-Appellee
    ______________________
    2022-1254
    ______________________
    Appeal from the United States Court of Appeals for
    Veterans Claims in No. 20-3400, Senior Judge William P.
    Greene, Jr.
    ______________________
    Decided: June 10, 2022
    ______________________
    WILLIE B. CLAY, Starkville, MS, pro se.
    MATTHEW PAUL ROCHE, Commercial Litigation Branch,
    Civil Division, United States Department of Justice, Wash-
    ington, DC, for respondent-appellee. Also represented by
    BRIAN M. BOYNTON, LISA LEFANTE DONAHUE, PATRICIA M.
    MCCARTHY; AMANDA BLACKMON, Y. KEN LEE, Office of Gen-
    eral Counsel, United States Department of Veterans Af-
    fairs, Washington, DC.
    Case: 22-1254    Document: 14     Page: 2    Filed: 06/10/2022
    2                                       CLAY   v. MCDONOUGH
    ______________________
    Before LOURIE, PROST, and TARANTO, Circuit Judges.
    PER CURIAM.
    Willie B. Clay appeals from the decision of the United
    States Court of Appeals for Veterans Claims (the “Veterans
    Court”) affirming the decision of the Board of Veterans’ Ap-
    peals (“the Board”) denying compensation under 
    38 U.S.C. § 1151
     for a disability resulting from a December 2006 hip
    surgery. See Clay v. McDonough, No. 20-3400, 
    2021 WL 4445383
     (Vet. App. Sept. 29, 2021) (“Veterans Court Deci-
    sion”). Because we lack jurisdiction over the appeal, we
    dismiss.
    Clay underwent a revision of a right total hip arthro-
    plasty at a Department of Veterans Affairs (“VA”) medical
    center in December 2006. Veterans Court Decision at *1.
    Shortly thereafter, he developed acute disseminated intra-
    vascular coagulation (DIC) and was treated for this condi-
    tion. 
    Id.
     Years later, in March 2011, he was diagnosed
    with coronary artery disease (CAD). 
    Id.
    In February 2012, Clay filed an informal claim for com-
    pensation under 
    38 U.S.C. § 1151
    , asserting that his hip
    operation caused a heart attack and DIC. 
    Id.
     Over the
    course of the following eight years—which included two re-
    mands from the Board to the VA regional office to obtain
    more information—the VA obtained at least three medical
    opinions in which the examiner opined that the VA medical
    center did not err in treating and managing Clay, and that
    it is less likely than not that Clay’s heart condition was
    caused by or worsened by the VA’s treatment. See 
    id.
    at *1–2; see also SAppx. 14–19; SAppx. 20–40; SAppx. 67–
    71. In April 2020, the Board relied on the medical opinions
    to deny compensation. The Veterans Court affirmed, find-
    ing no clear error in the Board’s reliance on the medical
    opinions. Clay appealed to this court.
    Case: 22-1254    Document: 14       Page: 3   Filed: 06/10/2022
    CLAY   v. MCDONOUGH                                        3
    Our jurisdiction to review decisions of the Veterans
    Court is limited. Wanless v. Shinseki, 
    618 F.3d 1333
    , 1336
    (Fed. Cir. 2010). We lack jurisdiction to review challenges
    to factual determinations or the application of law to the
    facts of a particular case. 
    38 U.S.C. § 7292
    (d). Here, to the
    extent we can discern any arguments in Clay’s informal
    brief, he appears to simply disagree with the factual deter-
    minations set forth in the Board’s April 2020 decision deny-
    ing compensation and the Veterans Court’s affirmance of
    that decision. Clay does not, however, present any chal-
    lenge over which we have jurisdiction. Accordingly, we
    must dismiss his appeal.
    DISMISSED
    COSTS
    No costs.
    

Document Info

Docket Number: 22-1254

Filed Date: 6/10/2022

Precedential Status: Non-Precedential

Modified Date: 6/10/2022