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Breeze v. West

November 8, 1999

INNSBRUCK T. BREEZE, CLAIMANT-APPELLANT,
V.
TOGO D. WEST, JR., SECRETARY OF VETERANS AFFAIRS, RESPONDENT-APPELLEE



Before Mayer, Chief Judge, Archer, Senior Circuit Judge, and Lourie, Circuit Judge.

The opinion of the court was delivered by: Per Curiam

NOTE: Pursuant to Fed. Cir. R. 47.6, this Disposition is not citable as precedent. It is a public record. The Disposition will appear in tables published periodically.

Appellant, Innsbruck T. Breeze, appeals the decision of the United States Court of Appeals for Veterans Claims, No. 98-1797, to deny a writ of mandamus. This court only has jurisdiction to review a decision of the United States Court of Appeals for Veterans Claims "with respect to the validity of any statute or regulation . . . or any interpretation thereof (other than a determination as to a factual matter) that was relied on . . . in making the decision." 38 U.S.C. § 7292 (a) (1994).

Because Breeze's appeal presents only challenges to factual determinations or application of law to facts, we lack jurisdiction to hear it. Accordingly the appeal is dismissed.

19991108

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