Opinions

Late yesterday and this morning, the Federal Circuit released one precedential opinion, two precedential opinions, and five nonprecedential orders. In the precedential opinion, the court affirmed a judgment of the Court of Appeals for Veterans Claims. In the first nonprecedential opinion, the Federal Circuit affirmed-in-part, vacated-in-part, dismissed-in-part, and remanded a case appealed from the Court of Appeals for Veterans Claims. In the second nonprecedential opinion, the Federal Circuit affirmed a dismissal in an appeal from the Court of Federal Claims for lack of jurisdiction. Finally, the Federal Circuit issued five nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Crews v. McDonough (Precedential)

Yvonne Crews appeals the final decision of the United States Court of Appeals for Veterans Claims denying her request to be substituted under 38 U.S.C. § 5121A as the claimant in place of her deceased spouse. Because we conclude that her allegation of a clear and unmistakable error is not part of a “pending” claim for which she could substitute under § 5121A, we affirm.

Onofre v. McDonough (Nonprecedential)

Rolando E. Onofre appeals a decision of the United States Court of Appeals for Veterans Claims (Veterans Court) affirming a decision of the Board of Veterans’ Appeals (Board) denying service connection for cardiovascular disease and hypertension. For the reasons below, we affirm the Veterans Court’s decision as to Mr. Onofre’s cardiovascular disease claim, vacate and remand the Veterans Court’s decision as to the hypertension claim, and dismiss the parts of Mr. Onofre’s appeal over which we lack jurisdiction.

Dreiling v. United States (Nonprecedential)

Staff Sergeant Justin Paul Dreiling appeals a decision of the United States Court of Federal Claims dismissing for lack of jurisdiction his claim for an injunction directing the Food and Drug Administration to disclose information about the COVID-19 vaccines. For the following reasons, we affirm.

Dismissals