Lawrence J. Henson, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 1 F.3d 1251 (Fed. Cir. 1993)
Annotate this CaseBefore RADER, Circuit Judge, BENNETT, Senior Circuit Judge, and SCHALL, Circuit Judge.
ON MOTION
RADER, Circuit Judge.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(d) and to dismiss Lawrence J. Henson's appeal for lack of jurisdiction. Henson has not responded.
The Court of Veterans Appeals affirmed the Board of Veterans Appeals decision that Henson had not submitted new and material evidence sufficient to reopen his claim for service connection for a mental condition. On appeal to this court, Henson challenges only factual determinations or the application of a law or regulation to his case. Further, Henson does not raise a non-frivolous constitutional challenge. No issue is raised which falls within the limited jurisdiction of this court under 38 U.S.C. §§ 7292(c), (d) (1)-(2) (Supp. III 1991). See Livingston v. Derwinski, 959 F.2d 224 (Fed. Cir. 1992); Johnson v. Derwinski, 949 F.2d 394 (Fed. Cir. 1991).
Accordingly,
IT IS ORDERED THAT:
(1) The Secretary's motion to waive the requirements of Fed. Cir. R. 27(d) is granted.
(2) The Secretary's motion to dismiss is granted.
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