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Sunket v. Brown

Decided: March 18, 1993.

BERTHA M. SUNKET, 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 Bertha M. Sunket's appeal for lack of jurisdiction. Sunket opposes.

Sunket seeks review of a decision of the United States Court of Veterans Appeals affirming the Board of Veterans Appeals' decision that denied her survivor benefits on the ground that her veteran husband's death was not service connected. Sunket challenges only the factual determination that her husband's death was not service connected or the application of a law or regulation to her claim. No issue is raised which 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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