Opinions

This morning, the Federal Circuit released three nonprecedential opinions. Two address issues arising out of decisions of the Court of Appeals for Veterans Claims: one addresses the jurisdiction of the lower court and the other addresses an appeal from an order of the lower court denying a petition for a writ of mandamus. The third opinion addresses an appeal from a final order of the Merit Systems Protection Board. Late yesterday, the Federal Circuit also released a nonprecedential order that dismisses an appeal. Here are the introductions to the opinions and link to the dismissal.

Watson v. McDonough (Nonprecedential)

This case concerns the jurisdiction of the Court of Veterans Claims (the “Veterans Court”) to act on a petition for extraordinary relief, when the veteran does not have a related claim pending within the Department of Veterans Affairs (the “VA”) administrative system.  We conclude that the Veterans Court correctly held that it does not have jurisdiction to consider this petition.

Resendez v. McDonough (Nonprecedential)

Robert Resendez appeals an order of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying his petition for a writ of mandamus.  For the reasons discussed below, we affirm.

Lilly v. Merit Systems Protection Board (Nonprecedential)

Patricia A. Lilly appeals from a final order of the United States Merit Systems Protection Board (“the Board”) dismissing her petition for review as untimely.  Lilly v. U.S. Postal Serv., No. CH-0353-16-0244-I-1, 2022 WL 3693072 (M.S.P.B. Aug. 25, 2022) (“Final Order”).  For the following reasons, we affirm.

Dismissal