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Ruiz v. Brown

Decided: July 14, 1993.

DAVID E. RUIZ, 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 David E. Ruiz's appeal for lack of jurisdiction. Ruiz has not filed a response.

Ruiz seeks review of an order of the United States Court of Veterans Appeals summarily affirming the decision of the Board of Veterans Appeals that denied Ruiz's request to reopen his claim for service connection for the residuals of a back injury. Ruiz 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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