This morning the Federal Circuit issued a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Philbrook v. McDonough (Precedential)
Gary Philbrook applied for a total disability rating based on individual unemployability. The Court of Appeals for Veterans Claims concluded that Mr. Philbrook was ineligible for such a rating because he was committed to the custody of a state hospital in connection with a criminal judgment. We agree with Mr. Philbrook that the Veterans Court erred in its determination that a federal statute barred the assignment of a total disability rating for Mr. Philbrook. We reverse the Veterans Court’s decision and remand for further proceedings.
Miranne v. Navy (Nonprecedential)
Paul G. Miranne was an employee of the Department of the Navy. After Mr. Miranne sent a strongly worded, accusatory email to coworkers and supervisors suggesting that they were complicit in a conspiracy, the Navy fired him. He unsuccessfully appealed his termination to the Merit Systems Protection Board, which found the grounds for removal established and the removal penalty justified, and which rejected Mr. Miranne’s affirmative defense of whistleblower retaliation. Mr. Miranne now appeals. We affirm the Board’s decision.