Filed: Apr. 09, 2020
Latest Update: Apr. 09, 2020
Summary: Case: 20-1249 Document: 18 Page: 1 Filed: 04/09/2020 NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit _ RONALD J. YOUNG, Claimant-Appellant v. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee _ 2020-1249 _ Appeal from the United States Court of Appeals for Veterans Claims in No. 18-6794, Judge Joseph L. Toth. _ Decided: April 9, 2020 _ RONALD J. YOUNG, North Fort Myers, FL, pro se. MATTHEW PAUL ROCHE, Commercial Litigation Bran
Summary: Case: 20-1249 Document: 18 Page: 1 Filed: 04/09/2020 NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit _ RONALD J. YOUNG, Claimant-Appellant v. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee _ 2020-1249 _ Appeal from the United States Court of Appeals for Veterans Claims in No. 18-6794, Judge Joseph L. Toth. _ Decided: April 9, 2020 _ RONALD J. YOUNG, North Fort Myers, FL, pro se. MATTHEW PAUL ROCHE, Commercial Litigation Branc..
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Case: 20-1249 Document: 18 Page: 1 Filed: 04/09/2020
NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RONALD J. YOUNG,
Claimant-Appellant
v.
ROBERT L. WILKIE, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee
______________________
2020-1249
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 18-6794, Judge Joseph L. Toth.
______________________
Decided: April 9, 2020
______________________
RONALD J. YOUNG, North Fort Myers, FL, pro se.
MATTHEW PAUL ROCHE, Commercial Litigation Branch,
Civil Division, United States Department of Justice, Wash-
ington, DC, for respondent-appellee. Also represented by
JOSEPH H. HUNT, ELIZABETH MARIE HOSFORD, ROBERT
EDWARD KIRSCHMAN, JR.; Y. KEN LEE, EVAN SCOTT GRANT,
Office of General Counsel, United States Department of
Veterans Affairs, Washington, DC.
______________________
Case: 20-1249 Document: 18 Page: 2 Filed: 04/09/2020
2 YOUNG v. WILKIE
Before NEWMAN, DYK, and REYNA, Circuit Judges.
PER CURIAM.
Ronald J. Young, a Navy veteran proceeding pro se, ap-
peals the decision of the United States Court of Appeals for
Veterans Claims that affirmed a denial of his claim for dis-
ability compensation. Mr. Young seeks disability compen-
sation after receiving medical treatment that he claims
caused him injuries. He also claims that a treating physi-
cian intentionally harmed and sexually assaulted him. We
dismiss Mr. Young’s appeal because this court lacks juris-
diction over appeals from the U.S. Court of Appeals for Vet-
erans Claims, such as this, that involve solely challenges
to factual determinations, or challenges to the application
of law or regulation to the facts of a particular case.
BACKGROUND
Mr. Young served on active duty in the U.S. Navy from
June 1969 to April 1970. In May 2010, he underwent a
colonoscopy at a U.S. Department of Veterans Affairs (VA)
treatment facility. Mr. Young was diagnosed with internal
hemorrhoids, diverticulitis, and angiodysplasia. Medical
records indicate that after the procedure, Mr. Young was
in “stable” condition and had “no adverse effects noted from
procedure or sedation.” J.A. 29. In June 2010, Mr. Young
called the VA and reported stomach problems, which a
nurse attributed to acid reflex and heart burn—conditions
unrelated to colonoscopies. The nurse advised Mr. Young
to take over-the-counter Prilosec. In July 2010, Mr. Young
visited the Emergency Room, where he was diagnosed with
a serious urinary tract infection and was prescribed antibi-
otics. Mr. Young never complained about rectal bleeding
or assault during the June 2010 call or during the July
2010 visit.
Two years after the medial treatment, in March 2012,
Mr. Young submitted a claim to the VA Regional Office
(“Regional Office”), seeking benefits as a “person disabled
Case: 20-1249 Document: 18 Page: 3 Filed: 04/09/2020
YOUNG v. WILKIE 3
by treatment or vocational rehabilitation” under 38 U.S.C.
§ 1151. In particular, Mr. Young claimed that the colonos-
copy caused rectal bleeding and a vitamin B-12 deficiency.
Mr. Young also claimed that the treating physician in May
2010 intentionally hurt, violated, and raped him. The Re-
gional Office reviewed Mr. Young’s medical records and ob-
tained an opinion from a VA medical examiner. The
examiner opined that the treating physician properly con-
ducted Mr. Young’s colonoscopy and did not cause Mr.
Young’s bleeding or his vitamin B-12 deficiency. The ex-
aminer found no evidence of sexual assault. As a result,
the Regional Office denied Mr. Young’s claim for § 1151
compensation benefits. Mr. Young appealed the Regional
Office determination to U.S. Board of Veterans’ Appeals
(“Board”).
The Board concluded that compensation was “not war-
ranted.” J.A. 20. The Board explained that in order to ob-
tain disability compensation under 38 U.S.C. § 1151, Mr.
Young was required to show (i) that the VA treatment
caused the alleged disability and (ii) that the proximate
cause of the disability was either an unforeseeable event or
the fault of the VA in furnishing the medical treatment
(e.g., carelessness, negligence, lack of proper skill, or an er-
ror in judgment). The Board concluded that Mr. Young
failed to prove that his asserted disability was caused by
the medical treatment.
Mr. Young appealed the Board’s determination to the
U.S. Court of Appeals for Veterans Claims (“Veterans
Court”). The Veterans Court affirmed the Board’s determi-
nation that Mr. Young is not entitled to disability compen-
sation under § 1151. The Veteran’s Court affirmed the
Board’s finding that Mr. Young had not identified evidence
establishing a link between his May 2020 colonoscopy and
his alleged rectal bleeding and vitamin B-12 deficiency. In
addition, the Veteran’s Court affirmed the Board’s finding
that contemporaneous medical evidence outweighed Mr.
Young’s lay assertions of an assault. The Veterans Court
Case: 20-1249 Document: 18 Page: 4 Filed: 04/09/2020
4 YOUNG v. WILKIE
entered judgment against Mr. Young on November 19,
2019. Mr. Young appeals to this Court.
ANALYSIS
Our jurisdiction to review decisions by the Veterans
Court is limited. Wanless v. Shinseki,
618 F.3d 1333, 1336
(Fed. Cir. 2010). We have exclusive jurisdiction to review
and decide challenges to the validity of any statute or reg-
ulation, or to any interpretation of statutory, regulatory, or
constitutional provisions, to the extent such provisions are
presented and necessary to a decision. 38 U.S.C. § 7292(c).
We lack jurisdiction to review challenges to factual deter-
minations, or challenges to the application of law or regu-
lation to the facts of a particular case.
Id. § 7292(d)(2). And
while we liberally construe pro se pleadings, like those
here, in favor of a pro se veteran, the veteran is still re-
quired to establish jurisdiction. Reynolds v. Army & Air
Force Exch. Serv.,
846 F.2d 746, 748 (Fed. Cir. 1988).
As we understand his informal brief, Mr. Young raises
two types of challenges. First, Mr. Young challenges the
Veterans Court’s affirmance of the Board’s factual findings
that underlie its determination that Mr. Young is not enti-
tled to benefits under 38 U.S.C. § 1151(a)(1). Second, Mr.
Young challenges the Veterans Court’s affirmance of the
Board’s application of § 1151(a)(1) to the facts of Mr.
Young’s case. We have no jurisdiction to hear any of Mr.
Young’s challenges. 38 U.S.C. § 7292(d)(2). Finally, Mr.
Young does not raise a constitutional challenge or issue.
Consequently, we lack jurisdiction to hear Mr. Young’s ap-
peal. For that reason, the appeal is hereby dismissed.
DISMISSED
COSTS
No costs.