This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, three Rule 36 summary affirmances, and one nonprecedential order. The precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. As for the nonprecedential opinions: two come in cases appealed from the Merit Systems Protection Board, one involving a whistleblower claim and the other a retirement annuity claim; one comes in a government contract case appealed from the Court of Federal Claims; and one comes in another veterans case appealed from the Court of Appeals for Veterans Claims. Today’s order dismisses an appeal from the Patent Trial and Appeal Board. Here are the introductions to the opinions, along with links to the summary affirmances and the dismissal.
Evans v. Collins (Precedential)
Mary L. Evans appeals from the Court of Appeals for Veterans Claims’ (“Veterans Court”) denial of her motion for reconsideration of an October 25, 2024 Veterans Court decision. That October decision reversed the Board of Veterans’ Appeals’ (“Board”) denial of service connection for Ms. Evans’s husband’s Type II diabetes mellitus claim because the Veterans Court determined the record supported his service in Vietnam. Ms. Evans asked the Veterans Court to reconsider its October decision to expand that decision’s scope to include remand for an earlier effective date for a separate multiple myeloma claim based on the same established service in Vietnam. The Veterans Court found that argument waived as it was absent from Ms. Evans’s original briefing. We dismiss for lack of jurisdiction.
Banks v. United States (Nonprecedential)
Mr. Louis A. Banks, individually and on behalf of his minor child, DB, appeals pro se the United States Court of Federal Claims’ order dismissing his amended complaint for failure to prosecute. We affirm.
Bruzzese v. Merit Systems Protection Board (Nonprecedential)
Adam Bruzzese appeals a final decision of the Merit Systems Protection Board dismissing his Individual Right of Action whistleblower appeal under the doctrine of collateral estoppel. We affirm.
Rezba v. Collins (Nonprecedential)
Michael Rezba appeals an order of the United States Court of Appeals for Veterans Claims denying his petition for a writ of mandamus. Rezba v. Collins, No. 25-9987, 2026 WL 194150 (Vet. App. Jan. 23, 2026). Because Mr. Rezba fails to present a non-frivolous legal question on appeal, we dismiss.
Weber v. Merit Systems Protection Board (Nonprecedential)
The Office of Personnel Management (“OPM”) determined that Mr. William D. Weber was ineligible for a deferred annuity under the Federal Employees’ Retirement System (“FERS”). Mr. Weber appealed the OPM decision to the Merit Systems Protection Board (“Board”), which dismissed his appeal for failure to prosecute. On review to this court, Mr. Weber does not challenge the Board’s failure-to-prosecute determination. We accordingly affirm.