NOTE: This order is nonprecedential United States Court of A11peaIs for the FederaI Circuit TOMMY JUSTICE, Claimant-Appellant, V. ERIC K. SHINSEK_I, SECRETARY OF VETERANS AFFAIRS, Responden,t-Appellee. \ ..

2011-7093 Appea1 from the United States Court of Appea1s for Veterans C1aims in case no. 09-2092, Judge Mary J.

Schoelen.

Before LoURIE, Mo0RE, and REYNA, Circuit Judges.

PER CUR1AM.

0 R D E R The Secreta1’y of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(t) and to dismiss Tommy Justice’s appeal from the United States Court of Appea1s for Veterans C1aims’ judgment in Ju,stice v. Shinseki, 09- 2092, for lack of jurisdiction Justice sought review by the Court of Appea1s for Vet- erans Claims of a Board of Veterans' Appea1s decision J`USTICE V. DVA 2 denying Justice’s claim for an earlier effective date for service connection due to an anxiety disorder. In its decision, the Board determined that Justice was not entitled to an effective date prior to September 30, 2002, when he reopened his prior claim, and there was no evidence to support Justice’s assertion that he never received a January 2000 Board decision denying service c0nnection.

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 Forshey v. Prin,cipi, 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, Justice only argues that the Board failed to properly consider the evidence _in denying his claim for an earlier effective date for service connec- tion. Because Justice 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.

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