Riley L. Garland, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 11 F.3d 1074 (Fed. Cir. 1993)

Riley L. Garland appeals the judgment of the United States Court of Veterans Appeals (CVA) in Riley L. Garland v. Jesse Brown, Secretary of Veterans Affairs, Vet. App. No. 91-1829 (Jan. 28, 1993), affirming the June 25, 1991 Board of Veterans Appeals (BVA) decision denying the reopening of Garland's claim of service connection for hearing loss. We dismiss the appeal for lack of jurisdiction.

DISCUSSION

This court possesses jurisdiction to review a decision of the CVA "with respect to the validity of any statute or regulation ... or any interpretation thereof (other than a determination as to a factual matter) that was relied on by the Court in making the decision." 38 U.S.C. § 7292(a). In this case, we are not required to interpret any statute or regulation. Although Garland contends that the issue on appeal is a legal one within this court's jurisdiction, we disagree. Garland frames the issue on appeal as " [w]hether the Court of Veterans Appeals erred in determining that the evidence submitted in support of Appellant's claim to reopen was not material." Thus, Garland seeks review of the facts and the application of law to the facts rather than review of the CVA's interpretation of the relevant statute. Because this court does not have jurisdiction to consider these issues, we dismiss the appeal. See Livingston v. Derwinski, 959 F.2d 224, 225 (Fed. Cir. 1992).