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NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
ROBERT J. MAY, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee
Appeal from the United States Court of Appeals for Veterans Claims in No. 17-4809, Senior Judge Mary J. Schoelen.
__________ Decided: March 5, 2021 __________
ROBERT J. MAY, Portland, OR, pro se. ROBERT C. BIGLER, Commercial Litigation Branch, Civil Division, United States Department of Justice, Wash-ington, DC, for respondent-appellee. Also represented by JEFFREY B. CLARK, TARA K. HOGAN, ROBERT EDWARD KIRSCHMAN, JR.; MEGHAN ALPHONSO, Y. KEN LEE, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC. Case: 19-2451 Document: 33 Page: 1 Filed: 03/05/2021
2 MAY v. MCDONOUGH
Before WALLACH, TARANTO, and STOLL, Circuit Judges.
Appellant, Robert J. May, appeals a decision of the U.S. Court of Appeals for Veterans Claims (“Veterans Court”), affirming a decision of the Board of Veterans’ Appeals (“Board”) denying Mr. May’s request for: (1) entitlement to compensation benefits for right and left shoulder disabilities pursuant to 38 U.S.C. § 1151; (2) an earlier effective date for the grant of service connection for depression, secondary to herpes simplex virus 2 (“HSV-2”); (3) to revise an October 2004 rating decision regarding his disability rating assigned for sciatic nerve paralysis, bilateral knee disability, and a total disability rating based on individual unemployability (“TDIU”) premised on clear and unmistakable error (“CUE”); and (4) to revise an April 2007 rating decision assigning a non-compensable rating for tinea versicolor.1 May
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FedCir.; 38 U.S.C. § 1151; Viegas v. Shinseki, 705 F.3d 1374, 1377 (Fed. Cir. 2013) (quoting 38 U.S.C. § 1151(a)); in Wingard, we held that: Congress precluded the Veterans Court from reviewing the schedule of ratings for disabilities adopted under [§] 1155 or any action of the Secretary in adopting or revising that schedule. That provision squarely precludes the Veterans Court from determining whether the schedule, by including a 0 [percent] rating, substantively violates statutory constraints.779 F.3d at 1356;
NOTE: This disposition is nonprecedential.United States Court of Appeals for the Federal Circuit ROBERT J. MAY, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2019-2451 Appeal from the United States Court of Appeals for Veterans Claims in No. 17-4809, Senior Judge Mary J. Schoelen.__________ Decided: March 5, 2021 __________ROBERT J.