Lawrence J. Henson, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs

1 F.3d 1251, 1993 U.S. App. LEXIS 31943, 1993 WL 262662

• Court: Court of Appeals for the Federal Circuit
• Decided: May 5, 1993
• Docket: 92-7084
• Status: Published

Opinion

1 F.3d 1251
NOTICE: Federal Circuit Local Rule 47.6(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.

Lawrence J. HENSON, Claimant-Appellant,
v.
Jesse BROWN, Secretary of Veterans Affairs, Respondent-Appellee.

No. 92-7084.

United States Court of Appeals, Federal Circuit.

May 5, 1993.

Before RADER, Circuit Judge, BENNETT, Senior Circuit Judge, and SCHALL, Circuit Judge.

ON MOTION

RADER, Circuit Judge.

ORDER

The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(d) and to dismiss Lawrence J. Henson's appeal for lack of jurisdiction. Henson has not responded.

The Court of Veterans Appeals affirmed the Board of Veterans Appeals decision that Henson had not submitted new and material evidence sufficient to reopen his claim for service connection for a mental condition. On appeal to this court, Henson challenges only factual determinations or the application of a law or regulation to his case. Further, Henson does not raise a non-frivolous constitutional challenge. No issue is raised which falls within the limited jurisdiction of this court under 38 U.S.C. Secs. 7292(c), (d)(1)-(2) (Supp. III 1991). See Livingston v. Derwinski, 959 F.2d 224 (Fed.Cir.1992); Johnson v. Derwinski, 949 F.2d 394 (Fed.Cir.1991).

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.