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Gutierrez v. Derwinski

Decided: October 9, 1992.

BENEDICTA R. GUTIERREZ, CLAIMANT-APPELLANT,
v.
EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS, RESPONDENT-APPELLEE.



Before Nies, Chief Judge, Mayer and Schall, Circuit Judges.

Per Curiam

Per Curiam.

Appellant seeks review of an order of the United States Court of Veterans Appeals dismissing her appeal from the Board of Veterans Appeals for lack of jurisdiction because her Notice of Disagreement was filed prior to November 18, 1988. See Pub. L. No. 100-687, § 402, 102 Stat. 4105, 4122 (1988). Appellant 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 a regulation, or the interpretation of a constitutional or statutory provision or a regulation. Thus, no issue is raised which falls within the jurisdiction of this court under 38 U.S.C.A. §§ 7292(c), (d)(1)-(2) (West 1991). Accordingly, the appeal is dismissed. See Livingston v. Derwinski, 959 F.2d 224 (Fed. Cir. 1992).

19921009

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