Opinion
No. 2008-7154.
December 2, 2008.
Appeal from the United States Court of Appeals for Veterans Claims in 08-1310.
Lisa S. Collins, Buffalo, NY, pro se.
Douglas K. Mickle, Department of Justice, Michael J. Timinski, Jamie L. Mueller, Department of Veterans Affairs, Washington DC, for Respondent-Appellee.
Before MICHEL, Chief Judge, RADER and PROST, Circuit Judges.
ON MOTION
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Lisa S. Collins's appeal from the United States Court of Appeals for Veterans Claims' judgment in Collins v. Peake, 08-1310, for lack of jurisdiction. Collins moves to supplement her informal brief.
Collins submitted a document to the Court of Appeals for Veterans Claims that that court treated as a notice of appeal. The Court of Appeals for Veterans Claims dismissed Collins's appeal for lack of jurisdiction, finding that the Board had not issued a final decision with respect to her claim. Collins appeals to this court.
Under 38 U.S.C. § 7292, this court has limited jurisdiction over appeals from decisions of the Court of Appeals for Veterans Claims. See Forshey v. Principi, 284 F.3d 1335, 1338 (Fed. Cir. 2002) (en banc). This court "may not review (A) a challenge to a factual determination, 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 her informal brief, Collins raises no issues within this court's jurisdiction. The issue that she might raise, whether the board had issued a decision, is a factual matter outside of this court's jurisdiction. Because Collins fails to raise an issue within our jurisdiction, we must dismiss this appeal.
Accordingly,
IT IS ORDERED THAT:
(1) The Secretary's motions are granted. The appeal is dismissed.
(2) Each side shall bear its own costs.
(3) Collins's motion to supplement her brief is granted.