Opinions

This morning the Federal Circuit released two nonprecedential opinions and three Rule 36 judgments. The first nonprecedential opinion affirms a dismissal for lack of jurisdiction by the Merit Systems Protection Board, while the second dismisses an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions and links to the Rule 36 judgments.

Price v. Merit Systems Protection Board (Nonprecedential)

Lamarr Price, upon retiring from service as a federal government employee, began receiving a retirement
annuity based on disability. The Office of Personnel Management (OPM) calculated the amount of the annuity, but Mr. Price disputed OPM’s calculations in several communications with OPM. Eventually, he appealed to the Merit Systems Protection Board. The Board dismissed the appeal for lack of jurisdiction for want of a final OPM decision on Mr. Price’s claim that the annuity should be higher. We now affirm.

Wilson v. McDonough (Nonprecedential)

Alexander B. Wilson, Jr. appeals from two decisions of the United States Court of Appeals for Veterans Claims (“the Veterans Court”) dismissing his petitions for extraordinary relief in the form of a writ of mandamus. Wilson v. McDonough, No. 23-4530, 2023 WL 5542817 (Vet. App. Aug. 29, 2023) (“First Dismissal”); Wilson v. McDonough, No. 23-5354, 2023 WL 6057391 (Vet. App. Sept. 15, 2023) (“Second Dismissal”). We dismiss his appeals for lack of jurisdiction.

Rule 36 Judgments