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Pree v. Derwinski

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: August 20, 1992.

WILLIE LEE PREE, PETITIONER/APPELLANT,
v.
EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS, RESPONDENT/APPELLEE.

Appeal from the Court of Veterans Appeals. No. 90-1384.

Before Rich, Michel, and Rader, Circuit Judges.

Per Curiam

DECISION

William Lee Pree appeals the Court of Veterans Appeals' June 5, 1991 order, No. 90-1384, dismissing his appeal because it was untimely. We dismiss for lack of jurisdiction.

Discussion

On March 2, 1990, the Board of Veterans Appeals issued a decision denying entitlement to service connection for a sleep disorder. The Board notified Pree that there was a 120-day time limit to appeal to the Court of Veterans Appeals. Pree filed his appeal on November 26, 1990, more than eight months after the Board's decision. On June 5, 1991, the Court of Veterans Appeals dismissed Pree's appeal as untimely. Pree appealed to this court.

A party may obtain review of a Court of Veterans Appeals' decision or order with respect to the validity or interpretation of a statute or regulation that was relied on by the Court of Veterans Appeals in making the decision. 38 U.S.C. § 7292(a). Livingston v. Derwinski, 959 F.2d 224 (Fed. Cir. 1992). Here, Pree argues the merits of his case. He does not challenge any ground relied on by the Court of Veterans Appeals. Indeed, Pree does not address the Court of Veterans Appeals' decision or the timeliness issue at all. In the absence of a challenge to the validity of a statute or regulation, or the interpretation of a constitutional or statutory provision or a regulation, we have no authority to consider the appeal. Livingston, 959 F.2d at 226. Accordingly, the appeal is dismissed.

Disposition

We dismiss for lack of jurisdiction.

19920820

© 1998 VersusLaw Inc.



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