James W. Kinnavy, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 9 F.3d 978 (Fed. Cir. 1993)
Annotate this CaseBefore LOURIE, Circuit Judge, BENNETT, Senior Circuit Judge, and RADER, Circuit Judge.
ON MOTION
LOURIE, Circuit Judge.
ORDER
The Secretary of Veterans Affairs moves to waive Fed. Cir. R. 27(e) and to dismiss James W. Kinnavy's appeal. Kinnavy has not filed a response.
Kinnavy seeks review of an order of the Court of Veterans Appeals affirming the Board of Veterans Appeals decision denying Kinnavy service-connection for certain auditory ailments. Kinnavy 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 a regulation, or the interpretation of a constitutional or statutory provision or a regulation. 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(e) is granted.
(2) The Secretary's motion to dismiss is granted.
(3) Each side shall bear its own costs.
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.
