Tomas B. Caindoy, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 1 F.3d 1252 (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 Tomas B. Caindoy's appeal for lack of jurisdiction. Caindoy has not filed a response.
Caindoy seeks review of the October 30, 1992 order of the United States Court of Veterans Appeals dismissing Caindoy's appeal because he did not file a Notice of Disagreement (NOD) after November 18, 1988. See Veterans' Judicial Review Act, Pub. L. No. 100-687 Sec. 402 (1988).
Caindoy 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 regulation, or the interpretation of a constitutional or statutory provision or a regulation. 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).
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.
(3) Each side shall bear its own costs.
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