Donald A. Martin, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 1 F.3d 1253 (Fed. Cir. 1993)
Annotate this CaseBefore LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.
ON MOTION
ORDER
CLEVENGER, Circuit Judge.
The Secretary of Veterans Affairs moves to to waive Fed. Cir. R. 27(d) and to dismiss Donald A. Martin's appeal. Martin opposes.
Martin seeks review of an order of the United States Court of Veterans Appeals affirming the Board of Veterans Appeals decision refusing to reopen his claim for service connection for various ailments. Martin challenges only factual determinations or the application of laws or regulations to his claim. 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(d) is granted.
(2) The Secretary's motion to dismiss is granted.
(3) Each side shall bear its own costs.
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