Late yesterday, the Federal Circuit released two nonprecedential orders, one dismissing an appeal. The other order granted a motion to vacate a judgment of the Court of International Trade. This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, one nonprecedential order dismissing an appeal, and three Rule 36 judgments. The precedential opinion comes in a pro se appeal from the Court of Appeals for Veterans Claims. All three nonprecedential opinions also come in pro se appeals, one from the Court of Appeals for Veterans Claims and two from the Merit Systems Protection Board. Here are the introductions to the opinions and links to the orders and Rule 36 judgments.
Colage v. Collins (Precedential)
John O. Colage appeals a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”), which affirmed a Board of Veterans’ Appeals (“Board”) decision determining that the Department of Veterans Affairs (“VA”) properly withheld VA disability compensation to recoup a special separation benefit (“SSB”) payment. Colage v. McDonough, No. 23-8027, 2024 WL 5218996 (Vet. App. Dec. 26, 2024) (“Decision”). For the reasons discussed below, we affirm-in-part and dismiss-in-part.
Clegg v. Collins (Nonprecedential)
Elbert L. Clegg appeals a decision of the U.S. Court of Appeals for Veterans Claims (“Veterans Court”) denying an earlier effective date for his service-connection claim.
Clegg v. McDonough, No. 23-0446, 2024 WL 2880228 (Vet. App. June 7, 2024) (“Decision”). For the reasons below, we dismiss.
Miller v. Department of Air Force (Nonprecedential)
Shanae Miller petitions for review of the final decision of the Merit Systems Protection Board (“Board”) affirming the decision of the Department of the Air Force (“Air Force”) to remove her from her position after her security clearance was revoked. Miller v. Dep’t of the Air Force, No. DA-0752-21-0010-I-1 (Dec. 18, 2024). For the following reasons, we affirm the Board’s final decision.
Stevenson, Jr. v. Department of Veterans Affairs (Nonprecedential)
Michael E. Stevenson, Jr., petitions for review of a Merit Systems Protection Board (“Board”) decision affirming the denial of his petition for enforcement that sought
back pay and other relief from the Department of Veterans Affairs (“VA”). For the following reasons, we affirm.
Mid Continent Steel & Wire, Inc. v. United States (Nonprecedential Order)
The United States, by motion, informs this Court that the Department of Commerce has abandoned the position on which it prevailed in this case in the United States Court of International Trade, and it asks this Court to remand the case for further remand to Commerce so that Commerce may consider an alternative methodology for analyzing whether there is “a pattern of export prices (or constructed export prices) for comparable merchandise that differ significantly among purchasers, regions, or period of time” under 19 U.S.C. § 1677f-1(d)(1)(B)(i). We grant the motion, consistent with ordinary practice when an agency has materially changed the policy directly at issue in the case, mooting the specific dispute presented on appeal. See, e.g., SKF USA Inc. v. United States, 254 F.3d 1022 (Fed. Cir. 2001). Commerce should have the opportunity to set forth an alternative policy analysis, which may then be subject to judicial review.