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NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
DAVE W. LAWRENCE, Claimant-Appellant v. ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee
Appeal from the United States Court of Appeals for Veterans Claims in No. 17-2271, Senior Judge Robert N. Davis.
__________ Decided: June 4, 2020 __________
KENNETH M. CARPENTER, Law Offices of Carpenter Chartered, Topeka, KS, for claimant-appellant. MEEN GEU OH, Commercial Litigation Branch, Civil Di-vision, United States Department of Justice, Washington, DC, for respondent-appellee. Also represented by JOSEPH H. HUNT, ROBERT EDWARD KIRSCHMAN, JR., LOREN MISHA PREHEIM; CHRISTOPHER O. ADELOYE, BRIAN D. GRIFFIN,
Case: 19-1847 Document: 39 Page: 1 Filed: 06/04/2020
2 LAWRENCE v. WILKIE
Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.
Before MOORE, O’MALLEY, and HUGHES, Circuit Judges.
O’MALLEY, Circuit Judge.
Appellant Dave W. Lawrence (“Lawrence”) appeals a decision of the U.S. Court of Appeals for Veterans Claims (“Veterans Court”), affirming a decision of the Board of Vet-erans’ Appeals (“Board”), which denied his claim for enti-tlement to a total disability rating due to individual unemployability (“TDIU”). Lawrence v. Wilkie, No. 17-2271, 2019 WL 272402 (Vet. App. Jan. 22, 2019). We dismiss for lack of jurisdiction.
Lawrence argues that the Veterans Court erred in its application of 38 C.F.R. § 4.16(a), which provides the standard for granting TDIU. Specifically, § 4.16(a) states that a total disability rating may be assigned where the scheduled rating is less than 100% and the veteran is “unable to secure or follow a substantially gainful occupation as a result of service-connected
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FedCir; 38 C.F.R. § 4.16(a); marginal employment; the finding that he is capable of substantially gainful employment, that fact finding is not reviewable on appeal;
NOTE: This disposition is nonprecedential.United States Court of Appeals for the Federal Circuit DAVE W. LAWRENCE, Claimant-Appellant v. ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2019-1847 Appeal from the United States Court of Appeals for Veterans Claims in No. 17-2271, Senior Judge Robert N. Davis.__________ Decided: June 4, 2020 __________KENNETH M.