Case law

Khristina Oakley v. Department of Defense

Merit Systems Protection Board · Nov 5, 2024

When the appellant makes a nonfrivolous allegation that the Board has jurisdiction over an appeal, she is entitled to a hearing on the jurisdictional question. Liu v. … Panter v. Department of the Air Force, 22 M.S.P.R. 281, 282 (1984).

Michael Y. Feren v. Department of the Treasury

Merit Systems Protection Board · Jun 17, 2016

Repeated failure to respond to multiple Board orders can reflect a failure to exercise basic due diligence. Williams v. U.S. Postal Service, 116 M.S.P.R. 377, ¶ 9 (2011). … See Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991).

Sherman S Startz v. Department of the Army

Merit Systems Protection Board · Jan 17, 2025

Bedynek-Stumm v. … See Panter v.

Sharon L Simon v. Office of Personnel Management

Merit Systems Protection Board · Jul 12, 2024

informed the appellant that she may have a right of appeal to the Board does not confer jurisdiction on the Board. 1 PFR File, Tab 1 at 4; Morales v. … We have considered these documents again on review, as they pertain to the issue of jurisdiction, a matter that may be raised at any time during the Board proceedings. Pirkkala v.

Denise Schultz v. Department of Defense

Merit Systems Protection Board · Feb 20, 2025

Okello v. … See Meier v.

Mona D Howell v. Office of Personnel Management

Merit Systems Protection Board · Nov 18, 2024

v. … Moore v. Office of Personnel Management, 114 M.S.P.R. 549, ¶ 4 (2010); see Frank v. Office of Personnel Management, 113 M.S.P.R. 164, ¶ 7 (2010).

Kelly Oliver-Green v. Social Security Administration

Merit Systems Protection Board · Nov 5, 2024

v. … Ferdon v. U.S.

Harold Dean Hall v. Office of Personnel Management

Merit Systems Protection Board · Nov 18, 2015

v. … Keatting v. Department of the Navy, 77 M.S.P.R. 642, 645 (1998).

Michelle P Joachin v. Department of the Army

Merit Systems Protection Board · Jan 10, 2025

See Cano v. U.S. … The Board has since overruled Savage to the extent that it held that the McDonnell Douglas framework is not applicable to Board proceedings. Pridgen v.

James VanWagner v. Department of the Air Force

Merit Systems Protection Board · Oct 4, 2024

Department of Justice, 112 M.S.P.R. 390, ¶ 6 (2009); see Ellison v. Merit Systems Protection Board, 7 F.3d 1031, 1034 (Fed. Cir. 1993). … See Panter v.

Edwin Arocho v. Department of the Army

Merit Systems Protection Board · Feb 3, 2025

UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD EDWIN AROCHO JR., DOCKET NUMBER Appellant, DC-315H-24-0077-I-1 v … See e.g., Rivera v.

Jemal A. Cheatham v. Department of the Army

Merit Systems Protection Board · Apr 10, 2015

Jarrard v. Department of Justice, 113 M.S.P.R. 502, ¶ 10 (2010); Waters-Lindo v. Department of Defense, 112 M.S.P.R. 1, ¶ 5 (2009). … See Jarrard, 113 M.S.P.R. 502, ¶ 11; Ruffin v.

Chase Lentz v. Department of the Interior

Merit Systems Protection Board · Dec 16, 2025

See Lentz v. Merit Systems Protection Board, 876 F.3d 1380, 1386 (Fed. Cir. 2017). … However, the administrative judge’s findings are consistent with long-standing Board case law. ID at 45; see Axsom v.

Lakesha Bryant v. United States Postal Service

Merit Systems Protection Board · Apr 28, 2016

Maddox v. Merit Systems Protection Board, 759 F.2d 9, 10 (Fed. Cir. 1985). For a U.S. … Even if the Board were to find this response to be new, it is not material as it does not show that the Board has jurisdiction over this appeal. See Russo v.

David J. Huerta v. Department of Homeland Security

Merit Systems Protection Board · May 5, 2016

E.g., Meeker v. Merit Systems Protection Board, 319 F.3d 1368, 1373 (Fed. Cir. 2003); Mapstone v. … However, the Board has consistently held that its jurisdiction in this area does not extend to appeals of an individual’s score on a particular examination. See Dow v.

Silisa Scott v. Department of Veterans Affairs

Merit Systems Protection Board · Feb 25, 2025

v. … See Russo v.

John Luff v. Department of Homeland Security

Merit Systems Protection Board · Feb 19, 2026

See Unites States v. … The Board must also consider that a majority of the specifications under charge 2 were not sustained. Cf. Byers v. U.S.

Patricia Eaddy v. Office of Personnel Management

Merit Systems Protection Board · Jul 26, 2024

An appellant bears the burden of establishing Board jurisdiction over an appeal contesting an OPM reconsideration decision by preponderant evidence. 2 Miller v. … that was premature when it was filed but became ripe while pending with the Board); Becker v.

Clyde L. Beasley v. Department of Defense

Merit Systems Protection Board · Dec 12, 2016

England v. U.S. Postal Service, 117 M.S.P.R. 255, ¶ 8 (2012); Wynn v. U.S. Postal Service, 115 M.S.P.R. 146, ¶¶ 10, 13 (2010); Varner v. Department of Veterans Affairs, 101 M.S.P.R. 155, ¶ 9 (2006). … See Wynn, 115 M.S.P.R. 146, ¶ ¶ 10, 13; Kokkinis v.

Victoria L. Bailey v. Department of Veterans Affairs

Merit Systems Protection Board · Sep 20, 2016

Brown v. … Avansino v. U.S. Postal Service, 3 M.S.P.R. 211, 214 (1980); Russo v.