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McClain v. Brown

Decided: July 14, 1993.

CARL W. MCCLAIN, CLAIMANT-APPELLANT,
v.
JESSE BROWN, SECRETARY OF VETERANS AFFAIRS, RESPONDENT-APPELLEE.



Before Rich, Circuit Judge, Cowen, Senior Circuit Judge, and Schall, Circuit Judge.

Rich

ON MOTION

RICH, Circuit Judge

Order

The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(e) and to dismiss Carl W. McClain's appeal for lack of jurisdiction. McClain has not filed a response.

McClain seeks review of a decision of the United States Court of Veterans Appeals summarily affirming the Board of Veterans Appeals' decision that denied McClain's request to reopen his claim for service connection for arthritis of the back. McClain 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 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.

FOR THE COURT

GILES S. RICH, ...


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