Case Explained: JAMES v. COLLINS

Court: United States Court of Appeals for the Federal Circuit Filed: 2026-07-28 The federal-circuit dismissed the appeal for lack of jurisdiction. The court held that it lacks authority to review the Veterans Court’s dismissal of the claimant’s challenge to a disability rating for headaches beginning September 7, 2018, because the Veterans Court applied the waiver rule to an issue not raised in the opening brief, which constitutes an application of law to fact rather than a reviewable question of law. Additionally, the court determined it could not review any alleged misinterpretation of statutes or regulations because the Veterans Court did not rely on or interpret 38 U.S.C. §§ 1110 and 1131 or 38 C.F.R. § 4.20 in the portion of its decision relevant to the post-2018 rating period. The practical consequence is that the Veterans Court’s partial dismissal and remand order remain effective, leaving the claimant without appellate review on the waived issues. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.