Late yesterday and this morning the Federal Circuit released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims; two nonprecedential orders dismissing appeals for failure to prosecute; and two Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.

Delano v. McDonough (Nonprecedential)

Kenneth J. Delano, Jr., appeals a decision of the United States Court of Appeals for Veterans Claims (Veterans Court). See Delano v. McDonough, No. 20-5431, 2021 WL 5578501 (Vet. App. Nov. 30, 2021). The Veterans Court held that the Board did not err in failing to address the disability rating for Mr. Delano’s back disability, because Mr. Delano had not filed a Notice of Disagreement (NOD) with the disability rating assigned by the Department of Veterans Affairs (VA) regional office (RO) with respect to the back disability. We dismiss.


Rule 36 Judgments