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Felty v. Brown

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: April 12, 1993.

PHILLIP S. FELTY, CLAIMANT-APPELLANT,
v.
JESSE BROWN, SECRETARY OF VETERANS' AFFAIRS, RESPONDENT-APPELLEE.

Before Rader, Circuit Judge, Bennett, Senior Circuit Judge, and Schall, Circuit Judge.

Rader

ON MOTION

RADER, Circuit Judge.

Order

The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(d) and to dismiss Phillip S. Felty's appeal for lack of jurisdiction. Felty has not filed a response.

Felty seeks review of a decision of the United States Court of Veterans Appeals summarily affirming the Board of Veterans Appeals' decision that denied Felty's request to reopen his claim of service connection for acquired psychiatric disorder. Felty challenges only factual determinations or the application of a law or regulation to his claim, or raises a legal question that does not contest the validity of a statute or regulation, or the interpretation of a constitutional or statutory provision or a regulation. No issue is raised which falls within the limited jurisdiction of this court under 38 U.S.C. §§ 7292(c), (d)(1)-(2) (Supp. III 1991). See Livingston v. Derwinski, 959 F.2d 224 (Fed. Cir. 1992).

Accordingly,

IT IS ORDERED THAT:

(1) The Secretary's motion to waive the requirements of Fed. Cir. R. 27(d) is granted.

(2) The Secretary's motion to dismiss is granted.

(3) Each side shall bear its own costs.

FOR THE COURT

Randall R. Rader

Circuit Judge

4/12/93

Date

ISSUED AS A MANDATE: APR 15 1993

19930412

© 1998 VersusLaw Inc.



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