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Romby v. Brown

Decided: July 14, 1993.

HOWARD ROMBY, 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 Fed. Cir R. 27(e) and to dismiss Howard Romby's appeal for lack of jurisdiction. Romby has not filed a response.

Romby seeks review of an order of the United States Court of Veterans Appeals dismissing his appeal for lack of jurisdiction because his notice of appeal was untimely. Romby challenges only factual determinations or the application of a law or regulation to his claim. No issue is raised which 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(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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