Opinions

This morning, the Federal Circuit released two precedential opinions and two nonprecedential dismissals. One of the opinions, in a case that attracted an amicus brief, addresses a petition for review from a judgment of the Merit Systems Protection Board. The other opinion addressed an appeal from a judgment of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the orders.

Jones v. Merit Systems Protection Board (Precedential Opinion)

Kevin D. Jones appeals from a decision of the Merit Systems Protection Board (“the Board”) dismissing his administrative appeal for lack of jurisdiction.  Jones v. Dep’t. of Just., No. DC-0752-21-0375-I-1, 2022 WL 445118 (M.S.P.B. Feb. 10, 2022), J.A. 1–21 (“Decision”).  For the following reasons, we affirm. 

Chavez v. McDonough (Precedential Opinion)

Appellant Benito R. Chavez appeals from a decision of the Court of Appeals for Veterans Claims (“the Veterans Court”) in which that court remanded Mr. Chavez’s claim to the Board of Veterans’ Appeals.  Mr. Chavez argues that the Veterans Court should have reversed the Board’s decision rather than remanding the case to the Board, and that this court should reverse the Veterans Court’s remand order.  The government contends that this court lacks jurisdiction over Mr. Chavez’s appeal and therefore should dismiss the appeal without addressing Mr. Chavez’s contention that the Veterans Court’s remand order was erroneous.  We reject the government’s jurisdictional argument but affirm the decision of the Veterans Court on the merits.

Dismissals