This morning, the Federal Circuit released a precedential opinion, a nonprecedential opinion, a nonprecedential order, and a Rule 36 judgment. In the precedential opinion, the court dismissed-in-part and denied-in-part a petition for review regarding the Veterans Affairs Adjudication Procedures Manual. In the nonprecedential opinion, the Federal Circuit affirmed-in-part and dismissed-in-part an appeal from the Court of Appeals for Veterans Claims. And in the nonprecedential order, the Federal Circuit dismissed an appeal. Here are the introductions to the opinions and links to the dismissal and Rule 36 judgment.

Military-Veterans Advocacy Inc. v. Secretary of Veterans Affairs (Precedential)

Military-Veterans Advocacy Inc. (“MVA”) brings this petition pursuant to 38 U.S.C. § 502 and asks the court to review and revise certain instructions and practices of the Secretary of Veterans Affairs (“VA”), as set forth in the Veterans Affairs Adjudication Procedures Manual (the “M21-1 Manual”). This Manual provides guidance and instructions to the administrators of veterans’ benefits and claims, by interpreting and coordinating the application of statutes, regulations, policies, and judicial decisions. Thus the M21-1 Manual “limits VA staff discretion, and, as a practical matter, impacts veteran benefits eligibility for an entire class of veterans.” Nat’l Org. of Veterans’ Advocates v. Sec’y of Veterans Affs., 981 F.3d 1360, 1374 (Fed. Cir. 2020) (en banc) (“NOVA”).

Brooks v. McDonough (Nonprecedential)

John F. Brooks appeals an order of the United States Court of Appeals for Veterans Claims (Veterans Court) denying-in-part and dismissing-in-part his petition for a writ of mandamus. We affirm the Veterans Court’s decision as to the writ of mandamus and dismiss the parts of the appeal over which we do not have jurisdiction.


Rule 36 Judgment