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Pavia v. Secretary

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: May 18, 1992.

SALVACION BOLAR PAVIA, PETITIONER,
v.
SECRETARY, DEPARTMENT OF VETERANS AFFAIRS, RESPONDENT.

Before Mayer, Circuit Judge, Bennett, Senior Circuit Judge, and Clevenger, Circuit Judge.

Mayer

ON MOTION

MAYER, Circuit Judge.

Order

The Secretary of the Department of Veterans Affairs moves to suspend the requirement of filing a certified list, moves to waive the requirement of Fed. Cir. R. 27(d), and moves to dismiss the petition for review of Salvacion Bolor Pavia. Pavia has not filed a response.

In February 1988, Pavia reopened her previously denied claim for death benefits based on the military service of her deceased husband in 1946 and 1947. The VA regional office denied the claim and, on May 5, 1988, Pavia filed a notice of disagreement triggering an appeal to the Board of Veterans Appeals. On April 18, 1989, the Board denied Pavia's appeal.*fn* Pavia now seeks review of the Board's April 18, 1989 decision in this court.

This court does not have jurisdiction to review Pavia's petition. Pursuant to the Veterans' Judicial Review Act of 1988, this court has jurisdiction to review certain decisions of the Court of Veterans Appeals, 38 U.S.C. § 7292, and has jurisdiction to review certain actions of the Secretary, 38 U.S.C. § 502. With regard to the former, Pavia is not seeking review of a decision of the Court of Veterans Appeals. With regard to the latter, judicial review is limited to the Secretary's actions concerning the promulgation or publication of VA rules and regulations. Hilario v. Secretary of Veterans Affairs, 937 F.2d 586, 588 (Fed. Cir. 1991). Pavia is not seeking review of such action.

Accordingly,

IT IS ORDERED THAT:

(1) The Secretary's motion to suspend the requirement of filing a certified list is granted.

(2) The Secretary's motion to (waive the requirement of Fed. Cir. R. 27(d) is granted.

(3) The Secretary's motion to dismiss is granted.

MAY 18 1992

Date

FOR THE COURT

H. Robert Mayer

Circuit Judge

ISSUED AS A MANDATE: MAY 18 1992


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