Manuel C. Martinez, Petitioner, v. Secretary, Department of Veterans Affairs, Respondent, 972 F.2d 1352 (Fed. Cir. 1992)
Annotate this CaseBefore MAYER, Circuit Judge, BENNETT, Senior Circuit Judge, and CLEVENGER, Circuit Judge.
ON MOTION
MAYER, Circuit Judge.
ORDER
The Secretary of the Department of Veterans Affairs (VA) moves to dismiss Manuel C. Martinez's petition for review for lack of jurisdiction. Martinez has not filed a response.
In his petition for review, Martinez seeks "direct judicial review" of his entitlement to disability retirement benefits. Apparently, Martinez seeks an order by the court directing the Office of Personnel Management (OPM) to grant him benefits based upon an alleged service-connected injury. Martinez has not shown or alleged that he applied for benefits or sought review before any administrative tribunal before petitioning this court for review.
This court does not have jurisdiction to review Martinez's petition. First, Martinez is not seeking VA benefits and, thus, the Veterans' Judicial Review Act of 1988 is not applicable. Second, Martinez has never applied to OPM for benefits and the Merit Systems Protection Board has never issued a decision regarding benefits. In short, there is no jurisdictional basis for this court to review Martinez's petition.
Accordingly,
IT IS ORDERED THAT:
The Secretary's motion to dismiss is granted.
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