Leodegario S. Mendoza, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 991 F.2d 808 (Fed. Cir. 1993)

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US Court of Appeals for the Federal Circuit - 991 F.2d 808 (Fed. Cir. 1993) Feb. 10, 1993

Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

RICH, Circuit Judge.


ORDER

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

Mendoza seeks review of an order of the United States Court of Veterans Appeals dismissing his appeal for lack of jurisdiction due to the untimely filing of his notice of appeal. Mendoza challenges only factual determinations or the application of a law or regulation to his claim. No issue is raised which falls within the limited 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 Secretary's motion to waive Fed. Cir. R. 27(d) is granted.

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

(3) Each side shall bear its own costs.

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