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Key v. Brown

Decided: March 18, 1993.

BILLIE J. KEY, CLAIMANT-APPELLANT,
v.
JESSE BROWN, SECRETARY OF VETERANS AFFAIRS, RESPONDENT-APPELLEE.



Before Archer, Circuit Judge, Friedman, Senior Circuit Judge, and Michel, Circuit Judge.

Michel

ON MOTION

MICHEL, Circuit Judge.

Order

The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(d) and to dismiss Billie J. Key's appeal for lack of jurisdiction. Key has not filed a response.

Key seeks review of a decision of the United States Court of Veterans Appeals summarily affirming the Board of Veterans Appeals' decision that denied Key's claim of service connection for post-traumatic osteoarthritis. Key challenges only the factual determination that his medical condition is not service connected, or the application of a law or regulation to his claim. No issue is raised that falls within the limited jurisdiction of this court under 38 U.S.C.A. §§ 7292(c), (d)(1)-(2) (West 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.

(4) The revised official caption is reflected above.

FOR THE COURT

Paul R. Michel, ...


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