Anastacia A. Barranta, Claimant-appellant, v. Edward J. Derwinski, Secretary of Veterans Affairs,respondent-appellee, 985 F.2d 585 (Fed. Cir. 1992)

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US Court of Appeals for the Federal Circuit - 985 F.2d 585 (Fed. Cir. 1992) Dec. 18, 1992

Before MAYER, CLEVENGER and SCHALL, Circuit Judges.

PER CURIAM.


Appellant seeks review of an order of the United States Court of Veterans Appeals dismissing her appeal from the Board of Veterans Appeals for lack of jurisdiction because her notice of appeal was filed more than 120 days after the mailing date of the Board of Veterans Appeals decision. 38 U.S.C.A. § 7266(a) (1991). Appellant only challenges factual determinations or the application of a law or regulation to her claim, or raises a legal question that does not contest the validity of a statute or a regulation, or the interpretation of a constitutional or statutory provision or a regulation. Thus, no issue is raised which falls within the jurisdiction of this court under 38 U.S.C.A. §§ 7292(c), (d) (1) (2) (1991). Accordingly, the appeal is dismissed. See Livingston v. Derwinski, 959 F.2d 224 (Fed. Cir. 1992).

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