Eriksmoen v. Collins
CourtCourt of Appeals for the Federal Circuit
Date FiledNovember 6, 2026
Docket25-1535
StatusUnpublished
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Full Opinion
Case: 25-1535 Document: 42 Page: 1 Filed: 11/06/2026
NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ERIC ERIKSMOEN,
Claimant-Appellant
v.
DOUGLAS A. COLLINS, SECRETARY OF
VETERANS AFFAIRS,
Respondent-Appellee
______________________
2025-1535
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 24-1947, Judge Amanda L. Mere-
dith.
______________________
Decided: November 6, 2026
______________________
KENNETH DOJAQUEZ, Carpenter Chartered, Topeka,
KS, argued for claimant-appellant.
SOSUN BAE, Commercial Litigation Branch, Civil Divi-
sion, United States Department of Justice, Washington,
DC, argued for respondent-appellee. Also represented by
CHRISTOPHER O. ADELOYE, ERIC P. BRUSKIN, PATRICIA M.
MCCARTHY, BRETT SHUMATE; DEREK SCADDEN, Office of
Case: 25-1535 Document: 42 Page: 2 Filed: 11/06/2026
2 ERIKSMOEN v. COLLINS
General Counsel, United States Department of Veterans
Affairs, Washington, DC.
______________________
Before MOORE, Chief Judge, STOLL and CUNNINGHAM,
Circuit Judges.
MOORE, Chief Judge.
Eric Eriksmoen appeals a decision of the Court of Ap-
peals for Veterans Claims affirming a Board of Veterans’
Appeals decision, which denied Mr. Eriksmoen service con-
nection for his lower spine disability. Mr. Eriksmoen only
“asks this Court to review the Veterans Court’s decision in-
sofar as it misapplied the law with respect to harmless er-
ror.” Appellant’s Br. 2; see also Reply Br. 2 (“We did not
raise a constitutional issue[.]”). This we cannot do.
38 U.S.C. § 7292(d)(2) (the Federal Circuit “may not re-
view . . . a challenge to a law or regulation as applied to the
facts of a particular case”).
Aware of our jurisdictional limitation, Mr. Eriksmoen
attempts to recast his appeal under our “case jurisdiction,”
whereby a party’s contention that the Veterans Court ap-
plied the wrong legal rule “is a prima facie legal claim and
provides grounds for this Court to take jurisdiction.” Reply
Br. 2–3 (quoting Willsey v. Peake, 535 F.3d 1368, 1371–72
(Fed. Cir. 2008)). Mr. Eriksmoen does not make a prima
facie legal claim here because he asks us to invoke our case
jurisdiction “to review how the Veterans Court applied the
rule of law in Mr. Eriksmoen’s appeal.” Reply Br. 3 (em-
phasis added). Indeed, Mr. Eriksmoen argues that “by ig-
noring all the procedural effect that the error had, the
Veterans Court essentially . . . applied the wrong rule of
law by ignoring an entire swath of what the Court has said
can constitute error.” Oral Arg. at 4:46–5:07 (citing
Shinseki v. Sanders, 556 U.S. 396, 407, 11–12 (2009)). Un-
der Mr. Eriksmoen’s logic, however, any incorrect applica-
tion of a legal rule, by ignoring the effects of its correct
Case: 25-1535 Document: 42 Page: 3 Filed: 11/06/2026
ERIKSMOEN v. COLLINS 3
operation, is “essentially [an] appli[cation] [of] the wrong
rule of law.” Id. We lack jurisdiction to consider this argu-
ment, which in substance is that the Veterans Court incor-
rectly applied the harmless error rule. Accordingly, we
dismiss.
DISMISSED
COSTS
Costs to the Secretary.