U.S. COURT OF APPEALS ISSUES OPINION ON JOE A. HERNANDEZ V/S DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS CASE

WASHINGTON, Feb. 5 -- The U.S. Court of Appeals for the Federal Circuit issued the following opinion on Jan. 31:

Joe A. Hernandez appeals from a decision of the U.S. Court of Appeals for Veterans Claims (Veterans Court) denying his petition for a writ of mandamus. For the reasons discussed below, we dismiss for lack of jurisdiction.

BACKGROUND

Mr. Hernandez served in the Army from May 1976 to August 1980. S. Appx. 36.1 In August 1980, the Veterans Affairs Regional Office (RO) granted Mr. Hernandez a 40% disability rating for cervical spondylosis and degenerative disc disease. In September 2019, Mr. Hernandez requested his ratings decision be revised based on clear and unmistakable error (CUE). S. Appx. 10-21. In June 2020, the RO issued ...