Opinions

This morning the Federal Circuit released two nonprecedential opinions affirming dismissals for lack of jurisdiction in pro se cases, along with a Rule 36 summary affirmance. Here are the introductions to the opinion and a link to the Rule 36 judgment.

Garland v. McDonough (Nonprecedential)

Timothy A. Garland appeals the decision of the U.S. Court of Appeals for Veterans Claims (“Veterans Court”) affirming the Board of Veterans’ Appeals’ (“Board”) denial of his claim for a disability rating greater than 20% for service-connected low-back disability. See Garland v. Wilkie, No. 19-4525, 2020 WL 6324737 (Vet. App. Oct. 29, 2020). For the reasons below, we dismiss for lack of jurisdiction.

Guertin v. Merit Systems Protection Board (Nonprecedential)

John Mark Guertin petitions for review of the final decision of the Merit Systems Protection Board (“Board”), which dismissed his appeal for lack of jurisdiction. Guertin v. Dep’t of Veterans Affairs, Docket No. CH-3443-21-0139- I-1 (May 11, 2021); see also Supplemental Appendix (“SAppx”) 1–16. For the reasons set forth below, we affirm the Board’s final decision.

Rule 36 Judgment