Larry J. Olson, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 1 F.3d 1252 (Fed. Cir. 1993)

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U.S. Court of Appeals for the Federal Circuit - 1 F.3d 1252 (Fed. Cir. 1993) May 5, 1993

Before 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 Fed. Cir. R. 27(d) and to dismiss Larry J. Olson's appeal. Olson opposes.

Olson seeks review of an order of the United States Court of Veterans Appeals affirming the Board of Veterans Appeals decision denying his claim for an increased rating for various auditory ailments. Olson challenges only factual determinations or the application of laws or regulations to his claim. No issue is raised that 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 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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