Melitona M. Pena v. Secretary, Department of Veterans Affairs

ON MOTION

Before ARCHER, MICHEL and RADER, Circuit Judges.

ORDER

ARCHER, Circuit Judge.

The Secretary of the Department of Veterans Affairs (Secretary) has submitted an informal brief which we, sua sponte, are treating as a motion to dismiss Melitona M. Pena’s petition for review. In doing so, we waive Fed.Cir.R. 27(d) (prohibiting the filing of a motion to dismiss after a petitioner’s informal brief has been filed).

I

A.Procedural Background

On December 17, 1990, Pena filed a petition for review in this court purportedly pursuant to 38 U.S.C. § 223(c), which allows direct judicial review of a…