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Longo v. Brown

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: June 3, 1993.

ANTHONY LONGO, CLAIMANT-APPELLANT,
v.
JESSE BROWN, SECRETARY OF VETERANS AFFAIRS, RESPONDENT-APPELLEE.

Before Newman, Circuit Judge, Cowen, Senior Circuit Judge, and Mayer, Circuit Judge.

Mayer

ON MOTION

MAYER, Circuit Judge.

Order

The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(d) and to dismiss Anthony Longo's appeal for lack of jurisdiction. Longo opposes.*fn*

Longo seeks review of a decision of the United States Court of Veterans Appeals summarily affirming the Board of Veterans Appeals' decision that denied Longo's claim of service connection for a left leg and ankle disability, a right ankle disability, and postoperative residuals of a nasal deformity. Longo 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(d), is granted.

(2) The Secretary's motion to dismiss is granted.

(3) Each side shall bear its own costs.

FOR THE COURT

H. Robert Mayer

Circuit Judge

JUN -3 1993

Date

ISSUED AS A MANDATE: JUN -3 1993


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