Elisa B. Titong, 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 the requirements of Fed. Cir. R. 27(e) and to dismiss Elisa B. Titong's appeal for lack of jurisdiction. Titong has not filed a response.
Titong seeks review of a decision of the United States Court of Veterans Appeals summarily affirming the decision of the Board of Veterans Appeals that denied her claim for benefits on the ground that her deceased husband did not have recognized active military service in the Armed Forces of the United States. Titong challenges only factual determinations or the application of a law or regulation to her 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 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 the requirements of Fed. Cir. R. 27(e) is granted.
(2) The Secretary's motion to dismiss is granted.
(3) Each side shall bear its own costs.
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