Glenn v. DVA ( 2010 )


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  • NOTE: This order is nonprecedential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
    

Document Info

Docket Number: 2010-7027

Filed Date: 8/2/2010

Precedential Status: Non-Precedential

Modified Date: 4/18/2021