This morning, the Federal Circuit released two opinions. Specifically, the court released a precedential opinion in a veterans case addressing whether the Court of Appeals for Veterans Claims properly determined that no remand to the Board of Veterans’ Appeals was required when denying a plaintiff’s claim. The court also released a nonprecedential opinion in a pro se case in which the Court of Federal Claims dismissed a plaintiff’s case for failure to state a claim. Here are the introductions to the opinions.
Perciavalle v. McDonough (Precedential)
Rocco V. Perciavalle appeals a decision of the Court of Appeals for Veterans Claims (“Veterans Court”) affirming the denial of Mr. Perciavalle’s claim by the Board of Veterans’ Appeals (“Board”). This case involves the question of whether the Veterans Court, having determined that the Board erred in failing to properly interpret a veteran’s claim, correctly determined that no remand to the Board was required, either because the interpretation error was harmless or because, according to some members of the Veterans Court, there was no error in the first place. We affirm in part, vacate in part, and remand.
Peamon v. United States (Nonprecedential)
Richard Peamon appeals a decision of the Court of Federal Claims dismissing his case for failure to state a claim upon which relief can be granted. For the following reasons, we affirm.