instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
appealed the judgment of the Court of Veterans Appeals to this court. On appeal the Secretary contends that the Court of Veterans Appeals erred by not deferring to the Department’s reasonable interpretation of the statutory provisions governing claims for accrued benefits. The Secretary also disputes Mrs. Jones’s assertion that this court lacks jurisdiction to hear this appeal. ANALYSIS I. Jurisdiction to hear appeals from final decisions of the Court of Veterans Appeals is conferred upon this court by 38 U.S.C. § 7292 (1994). Under the express terms of that statute, however, we “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 625, 110 S.Ct. 2658, 2663-64, 110 L.Ed.2d 563 (1990) (<HOLDING>). Accordingly, we have jurisdiction to hear 
 Holding statements: (A) holding that a district courts remand order effectively invalidating certain regulations of the secretary of health and human services was an immediately appealable order (B) holding sanctions order pursuant to district courts inherent powers not immediately appealable (C) holding that an order of consolidation is interlocutory and not immediately appealable (D) holding that the denial of a motion to remand is interlocutory and not immediately appealable (E) holding such denial to be an immediately appealable collateral final order
answer:
holding sanctions order pursuant to district courts inherent powers not immediately appealable


question:
complaint nor any facts relating to VBCJ’s General Order support an argument that Waters received less procedural due process than what is constitutionally required in the circumstances. Therefore, VBCJ’s fee program does not violate Waters’ right to procedural due process. C. Legitimate Penological Interest Finally, Waters’ complaint, broadly construed, alleges that Virginia’s one dollar per day room and board fee is not reasonably related to any legitimate penological interest. This claim also plainly fails, as there are several conceivable rationales to support the finding that VBCJ’s fee program is “ ‘reasonably related’ to promoting a legitimate penological interest.” Sample v. Angelone, 173 F.3d 425 (Table), 1999 WL 52347, *1 (4th Cir. Feb.5 S.Ct. 285, 50 L.Ed.2d 251 (1976) (<HOLDING>). 5 . Section 53.1-131.3 provides as follows: 
 Holding statements: (A) holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person (B) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (C) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (D) holding that deliberate indifference standard for imposing supervisory liability based on an eighth amendment violation is consistent with iqbal and collecting cases (E) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation
answer:
holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person


question:
area in determining that the proposed sale includes no old growth forest. AR Tab 59, pp. 13, 44. Using a different definition of old growth forest, the Virginia Department of Conservation Resources identified ten acres of the sale as old growth. The Forest Service argues that the state agency’s definition of old growth is more simplistic and produces less representative stand ages because it uses a single age cutoff for all. species, focuses on the older trees in a stand, and considers no factors other than age. The court need not concern itself with the merits of the competing methodologies, however, because the Forest Service is entitled to substantial deference on scientific questions within its area of technical expertise. Sierra Club v. Marita, 46 F.3d 606, 621 (7th Cir.1995) (<HOLDING>); Inland Empire Public Lands Council v. 
 Holding statements: (A) holding that an agencys interpretation of its own regulations is entitled to deference (B) holding the agency is entitled to use its own methodology unless it is irrational (C) holding that agency interpretation which is reasonable is entitled to deference (D) holding that as a general rule the prosecution is entitled to prove its case by evidence of its own choice (E) holding deference to agency methodology appropriate unless agency failed to address an essential factor
answer:

holding that an agencys interpretation of its own regulations is entitled to deference