This morning the Federal Circuit issued nonprecedential opinions in two pro se cases appealed from the United States Court of Federal Claims and the United States Court of Appeals for Veterans Claims. The court also issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Philippeaux v. United States (Nonprecedential)
Eddy Jean Philippeaux appeals from a final judgment entered for the United States in Philippeaux v. United States, Case No. 20-275C (Fed. Cl. Dec. 1, 2020). Mr. Philippeaux seeks to have his honorable discharge from the United States Navy recast as a disability retirement. The Board for Corrections of Naval Records (“Board”) determined that no change to his record was warranted. The Court of Federal Claims (“Claims Court”) found that the Board decision was not arbitrary, capricious, unsupported by evidence, or contrary to law, and granted judgment on the administrative record in favor of the United States. On appeal, Mr. Philippeaux challenges the Claims Court’s remand to the Board for reconsideration of an earlier decision and the Claims Court’s subsequent decision granting the United States judgment on the administrative record. Because the Claims Court’s remand decision was not an abuse of discretion and because the Board’s decision is supported by substantial evidence, we affirm.
Philippeaux v. McDonough (Nonprecedential)
Eddy Jean Philippeaux appeals from a decision of the Court of Appeals for Veterans Claims (“Veterans Court”) denying his petition for a writ of mandamus in Philippeaux v. McDonough, Case No. 21-720 (Vet. App. Feb. 23, 2021). We affirm.