This morning the Federal Circuit released two nonprecedential opinions. The first opinion dismisses an appeal from the Court of Appeals for Veterans Claims. The second opinion affirms a judgment of the Merit Systems Protection Board, which dismissed claims for lack of jurisdiction. Here are the introductions to the opinions.
Gabrielli v. McDonough (Nonprecedential)
Eugene Gabrielli’s claim for disability benefits relating to exposure to Agent Orange was denied by the Department of Veterans Affairs (“VA”) and the Board of Veterans’ Appeals (“Board”). While his appeal to the Court of Veterans Claims (“Veterans Court”) was pending, Mr. Gabrielli passed away. Mr. Gabrielli’s adult daughter, Danielle Worthy, moved to be substituted for her father, which the Secretary of Veterans Affairs opposed. The Veterans Court denied substitution and dismissed the appeal for lack of jurisdiction. Ms. Worthy then appealed to us. As the case proceeded, we recognized a potential jurisdictional issue and requested supplemental briefing on whether Ms. Worthy needed to be substituted for her father on appeal, and whether the notice of appeal was deficient. The Supreme Court then issued an opinion in Harrow v. Department of Defense, 601 U.S. ___, 144 S. Ct. 1178 (2024), and we requested additional briefing on whether potential defects in the notice of appeal are jurisdictional. Having considered all of this briefing and the multitude of issues addressed, we conclude that the notice of appeal filed in this case did not name the real party in interest, Ms. Worthy. Therefore, we dismiss.
Becker v. Merit Systems Protection Board (Nonprecedential)
Richard Becker appeals a final decision of the Merit Systems Protection Board (“Board”) dismissing Mr. Becker’s claims for lack of jurisdiction. We conclude that Mr. Becker has not pled a mixed case (i.e., a case including a claim of discrimination), and we therefore have jurisdiction over his appeal. However, because we agree that the Board lacked jurisdiction, we affirm.