Glenn v. DVA

NOTE: This order is nonprecedential United States Court of Appeals for the FederaI Circuit NATHAN L. GLENN, Clainmnt-Appellant, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-A'ppellee. 2010-7027 AppeaI from the United StateS C0urt of AppeaIS for Veterans C1aims in case r10. 08-1'708, Judge Bruce E. Kas01d. ON MOTION Bef0re RADER, Chief Judge, BRYSON and MOORE, Circuit Judges. PER CURIAM. 0 R D E R The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27 (f) and to dismiss Nathan GLENN V. DVA 2 L. Glenn’s appeal from the United States Court of Ap- peals for Veterans Claims’ judgment in Glenn v. Shinseki, 08-1708, for lack of jurisdiction. Glenn appealed to the Court of Appeals for Veterans Claims, challenging a Board of Veterans’ Appea1s decision denying his application to reopen his claim for service connection for narcolepsy. The Court of Appeals for Veterans Claims affirmed the B0ard’s decision and also concluded that the Board did not err in not adjudicating an informal claim for pension benefits, finding no evi- dence in the record to support a pension claim. Glenn appeals that decision to this court. Under 38 U.S.C. § 7292, this court has limited juris- diction over appeals from decisions of the Court of Ap- peals for Veterans Claims. See F0rshey v. Principi, 284 F.3d 1335, 1338 (Fed. Cir. 2002) (en banc). This court “may not review (A) a challenge to a factual determina- tion, or (B) a challenge to a law or regulation as applied to the facts of a particular case." 38 U.S.C. § 7292(d)(2). In his informal brief, Glenn only challenges factual determinations regarding the medical evidence relied on by the Board. Thus, this court does not have jurisdiction over the appeal. Accordingly, IT ls OR:oERED THAT: (1) The Secretary’s motions to waive the require- ments of Rule 27 (f) and to dismiss are granted (2) Each side shall bear its own costs. FOR THE CoURT AUG __-2 wm /s/ Jan Horbaly Date J an Horbaly Clerk 3 ccc Nathan L. Glenn S Lauren S. Moore, Esq. lssued As A Mandate: AUG 2 201 GLENN V. DVA s 'aaef§tlfars;°“ me 01`*2 2010 .|AN HORBALY CLERK