Opinions

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The precedential opinion affirms a judgment of the Court of Appeals for Veterans Claims. The first nonprecedential opinion affirms a judgment of the Merit Systems Protection Board in a pro se case, while the second dismisses an appeal from the Court of Appeals for Veterans Claims for lack of subject matter jurisdiction. The first nonprecedential order remands a case vacated by the Supreme Court to the Court of Appeals for Veterans Claims, and the other two orders are both dismissals. Here are the introductions to the opinions and first order and links to the dismissals.

Frantzis v. McDonough (Precedential)

Mr. Louis Frantzis appeals from a decision of the United States Court of Appeals for Veterans Claims (Veterans Court) affirming a decision of the Board of Veterans’ Appeals (Board) and holding the Board member who conducts a hearing is not statutorily required to make the final determination. For the following reasons, we affirm.

Ramirez v. Department of Veterans Affairs (Nonprecedential)

Alfonso G. Ramirez appeals pro se a final order of the Merit Systems Protection Board denying his petition for review of the administrative judge’s initial decision. We affirm.

O’Connell v. McDonough (Nonprecedential)

Because we do not have the authority to review Mr. O’Connell’s challenges to the Veterans Court’s decision, we must dismiss his appeal for lack of subject-matter jurisdiction.

Rudisill v. McDonough (Nonprecedential Order)

Upon consideration of the judgment and mandate of the Supreme Court of the United States in James R. Rudisill v. Denis R. McDonough, No. 22-888, reversing and remanding to this court for further proceedings consistent with the opinion of the Supreme Court,

IT IS ORDERED THAT:

(1) The mandate of this court issued on February 6, 2023, is recalled, the appeal is reinstated, and this court’s December 15, 2022, opinion and judgment in Case No. 20- 1637 are vacated.

(2) The case is remanded to the Court of Appeals for Veterans Claims to award relief to Mr. Rudisill in accordance with the Supreme Court’s judgment. The mandate shall issue 14 days from the date of this order.

Dismissals