William F. Morris, Claimant-appellant, v. Anthony J. Principi, Secretary of Veterans Affairs,respondent-appellee, 988 F.2d 131 (Fed. Cir. 1993)

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U.S. Court of Appeals for the Federal Circuit - 988 F.2d 131 (Fed. Cir. 1993) Jan. 15, 1993

3 Vet. App. 484.

DISMISSED.

Before PLAGER, Circuit Judge, BENNETT, Senior Circuit Judge, and LOURIE, Circuit Judge.

ON MOTION

PLAGER, Circuit Judge.


ORDER

The Acting Secretary of Veterans Affairs moves to waive Fed. Cir. R. 27(d) and to dismiss William F. Morris' appeal for lack of jurisdiction. Morris has not filed a response.

Morris seeks review of an order of the United States Court of Veterans Appeals granting the Secretary of Veterans Affairs' motion for summary affirmance of the Board of Veterans Appeals' decision denying Morris service connection for certain disabilities and increased disability ratings. Morris 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 a regulation, or the interpretation of a constitutional or statutory provision or a regulation. No issue is raised which falls within the jurisdiction of this court under 38 U.S.C.A. §§ 7292(c), (d) (1)-(2) (West 1991). See Livingston v. Derwinski, 959 F.2d 224 (Fed. Cir. 1992).

Accordingly,

IT IS ORDERED THAT:

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

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

(3) Each side shall bear its own costs.

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