Basilia L. Nuevas, Petitioner, v. Secretary, Department of Veterans Affairs, Respondent, 9 F.3d 977 (Fed. Cir. 1993)
Annotate this CaseBefore RICH, Circuit Judge, COWEN, Senior Circuit Judge, and SCHALL, Circuit Judge.
ON MOTION
RICH, Circuit Judge.
ORDER
Basilia L. Nuevas submits a petition for review relating to benefits denied by the Veterans Administration or the Department of Veterans Affairs. This matter has not been adjudicated by the Court of Veterans Appeals. Rather, Nuevas apparently is alleging that this court has jurisdiction to review this matter pursuant to 38 U.S.C. § 502 (action for judicial review of a rule or regulation of the Department of Veterans Affairs).
Fed. Cir. R. 47.12 requires that a party must file a petition in this court within 60 days of, inter alia, issuance of the rule or regulation at issue. Here, Nuevas is challenging the application of a 1959 statute to her benefits request. Hence, the court does not have jurisdiction over this matter.* Nuevas may, of course, pursue benefits through the Department of Veterans Affairs and, if denied, appeal to the Court of Veterans Appeals.
Upon consideration thereof,
IT IS ORDERED THAT:
Nuevas' petition is dismissed for lack of jurisdiction.
When similar petitions are filed that appear on their face to be untimely pursuant to R. 47.12, the Clerk should dismiss such petitions. A petitioner may, of course, seek reinstatement with reasons why the court has jurisdiction
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
