This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion vacates and remands a case after finding that the Court of Appeals for Veterans Claims applied an incorrect legal standard. The nonprecedential opinion affirms a judgment of the Merit Systems Protections Board. Here are the introductions to the opinions.

Conyers v. McDonough (Precedential)

Vincent Curtis Conyers, an army veteran, applied for employment benefits under the Veteran Readiness and Employment program, a program administered by the United States Department of Veterans Affairs.  After the VA denied his application, Mr. Conyers requested an administrative review, which resulted in another decision to deny the application.  Mr. Conyers then appealed to the Board of Veterans’ Appeals, which affirmed the denial decision.  Mr. Conyers appealed the Board decision to the United States Court of Appeals for Veterans Claims, which affirmed the Board.  In reaching its decision, the Veterans Court rejected Mr. Conyers’ claim that certain documents formed part of the administrative record under the doctrine of constructive possession.  Because the Veterans Court applied an incorrect legal standard in its review of the doctrine of constructive possession, we vacate and remand for further proceedings.  

Lanier v. Department of the Air Force (Nonprecedential)

Petitioner Chris Lanier was formerly employed as an electronics mechanic at Robins Air Force Base in Georgia.  In 2021, he was removed from his position based on a failed drug test.  Mr. Lanier appealed to the Merit Systems Protection Board, which upheld the removal action.  He now challenges the Board’s decision on several procedural grounds.  Finding no reversible error by the Board, we affirm.