Roberto Enong, Petitioner, v. Secretary, Department of Veterans Affairs, Respondent, 960 F.2d 154 (Fed. Cir. 1992)
Annotate this CaseBefore PLAGER, Circuit Judge, COWEN, Senior Circuit Judge, and LOURIE, Circuit Judge.
ORDER
PLAGER, Circuit Judge.
The Secretary of the Department of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(d) and to dismiss Roberto Enong's petition for review for lack of jurisdiction. Enong has not filed a response.
In response to Enong's inquiry regarding benefits based on Enong's deceased father's life insurance policy, the Veterans Administration regional office informed Enong that the proceeds had been paid to the recognized legal widow of the veteran and that Enong's mother had never been eligible for such benefits. Enong apparently seeks review of that letter here.
This court does not have jurisdiction to review Enong's petition. Pursuant to the Veterans' Judicial Review Act of 1988, this court may review decisions of the Court of Veterans Appeals, 38 U.S.C. 7292, and may review certain actions of the Secretary. 38 U.S.C. 502. With regard to the former, Enong is not seeking review of a decision of the Court of Veterans Appeals. With regard to the latter, judicial review is limited to the Secretary's actions concerning the promulgation or publication of agency rules and regulations. Enong is not challenging the promulgation or publication of agency rules or regulations.
Accordingly,
IT IS ORDERED THAT:
(1) The Secretary's motion to waive the requirements of Fed. Cir. R. 27(d) is granted.
(2) The Secretary's motion to dismiss is granted.
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