Whether the Veterans Court properly dismissed a pro se veteran's appeal for lack of jurisdiction when the appeal raised claims not previously presented to the Board of Veterans' Appeals

No question identified. : Case: 23-1571 Document: 27 Page:1 Filed: 02/06/2024 Anited States Court of Appeals for the feteral Ctreuit MARVIN EB. JOHNSON, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2023-1571 Appeal from the United States Court of Appeals for Veterans Claims in No. 21-1797, Judge Joseph L. Toth. MANDATE Jn accordance with the judgment of this Court, entered December 7, 2023, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. FOR THE COURT February 6, 2024 Jarrett B, Perlow Date Clerk of Court Case: 23-1571. Document: 25 Page: 1 Filed: 01/24/2024 Note: This order is nonprecedential. Wnited States Court of Appeals for the Federal Circuit MARVIN H. JOHNSON, Claimant-Appellant Vv: DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2023-1571 Appeal from the United States Court of Appeals for Veterans Claims in No. 21-1797, Judge Joseph L. Toth. SUA SPONTE Before Moore, Chief Judge, HUGHES and STARK, Circuit Judges. PER CURIAM. ORDER On January 4, 2024, January 9, 2024, and January 19, 2024, Mr. Johnson submitted filings entitled “Rehearing” [ECF Nos. 22, 23, and 24]. Upon consideration thereof, Case: 23-1571 Document: 25 Page:2 Filed: 01/24/2024 2 JOHNSON v. MCDONOUGH It Is ORDERED THAT: (1) The filings are accepted as supplements to the petition for panel rehearing filed January 3, 2024 [ECF No. 20] (2) The court will not accept any additional filings related to the petition for panel rehearing. FOR THE CouRT January 24, 2024 Jarrett B. Perlow Clerk of Court Date Case: 23-1571 Document:18 Page:1 Filed: 12/07/2023 NOTE: This disposition is nonprecedential. Anited States Court of Appeals for the Federal Circuit MARVIN H. JOHNSON, Claimant-Appellant Vv. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2023-1571 Appeal from the United States Court of Appeals for Veterans Claims in No. 21-1797, Judge Joseph L. Toth. Decided: December 7, 2023 MARVIN H. JOHNSON, Glen Burnie, MD, pro se. ANNE DELMARE, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for Also represented by BRIAN M. BOYNTON, WILLIAM JAMES GRIMALDI, PATRICIA M. McCartTHy; AMANDA BLACKMON, BRIAN D. GRIFFIN, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC. Case: 23-1571 Document:18 Page:2 Filed: 12/07/2023 2 JOHNSON v. MCDONOUGH Before Moore, Chief Judge, HUGHES and STARK, Circuit Judges. PER CURIAM. Marvin H. Johnson appeals the Court of Appeals for Veterans Claims’ (“Veterans Court”) dismissal of his appeal for lack of jurisdiction. Because the Veterans Court correctly determined it lacked jurisdiction over claims not presented to the regional office or the Board, we affirm. I Mr. Johnson served in the United States Army for periods between June 1985 and April 1999. He subsequently sought disability benefits for various service-connected injuries in at least 1999, 2008, and 2019. As of 2022, Mr. Johnson had received disability benefits for multiple service-connected injuries. The effective dates of his compensation for these disabilities were 2008 or 2009. In 2019, the Department of Veterans Affairs (“VA”) denied Mr. Johnson’s requests for (i) a total disability rating based on individual unemployability (“TDIU”) and (ii) an earlier entitlement date with respect to his service-connected injury in his knee. Mr. Johnson, then represented by counsel, petitioned the Board of Veterans’ Appeals (“Board”), and filed a Notice of Disagreement with respect to only the TDIU decision. The Board denied his petition, agreeing with the VA that Mr. Johnson was not entitled to a TDIU rating, as “[t]he evidence of record is not sufficient to show that the Veteran’s service-connected disabilities, individually or in aggregate, prevent the Veteran from Case: 23-1571 Document:18 Page:3 Filed: 12/07/2023 JOHNSON v. MCDONOUGH 3 finding and following sub