Case law

Brenda A. Jakes v. Department of Defense

Merit Systems Protection Board · Jan 12, 2016

Chandler v. Department of the Navy, 87 M.S.P.R. 369, ¶ 6 (2000); Wright v. … See Baldwin v.

Elaine Ruggiero v. Office of Personnel Management

Merit Systems Protection Board · Jul 30, 2024

-0068-I-1 v. … Id. ¶3 The Board will not consider a new argument raised for the first time on review absent a showing that it is based on new and material evidence. Clay v.

Shawn Gonzalez v. Department of Agriculture

Merit Systems Protection Board · Nov 23, 2015

Wright v. … Dean v.

Julius R Hawkins v. United States Postal Service

Merit Systems Protection Board · Aug 14, 2024

HAWKINS, DOCKET NUMBER Appellant, SF-0752-20-0541-I-1 v. … Court of Appeals for the Federal Circuit), within 30 calendar days after you receive this decision. 5 U.S.C. § 7703(b)(2); see Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017).

Vicky J Barrera-Garcia v. Department of the Army

Merit Systems Protection Board · Feb 3, 2025

BARRERA-GARCIA, DOCKET NUMBER Appellant, DA-0752-23-0291-I-2 v. … Court of Appeals for the Federal Circuit), within 30 calendar days after you receive this decision. 5 U.S.C. § 7703(b)(2); see Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017).

Mr. David J. McCauley v. Department of Veterans Affairs

Merit Systems Protection Board · Feb 18, 2016

Moreover, the issue of Board jurisdiction is always before the Board and may be raised at any time. Ney v. … Ellison v. Merit Systems Protection Board, 7 F.3d 1031, 1037 (Fed. Cir. 1993); see Ward v. Merit Systems Protection Board, 981 F.2d 521, 526 (Fed. Cir. 1992).

Daniel Defrank v. Department of Veterans Affairs

Merit Systems Protection Board · Jul 15, 2024

Typically, a retirement is a voluntary action over which the Board lacks jurisdiction. O’Clery v. U.S. Postal Service, 67 M.S.P.R. 300, 302 (1995), aff’d per curiam, 95 F.3d 1166 (Fed. … However, the Board has recognized that employee-initiated actions that appear to be voluntary on their face are not always so. See Bean v. U.S. Postal Service, 120 M.S.P.R. 397, ¶ 7 (2013).

John Satchell v. Department of Justice

Merit Systems Protection Board · Aug 1, 2024

In Day v. … Salinas v.

Pamala Stamps v. Department of Veterans Affairs

Merit Systems Protection Board · Dec 30, 2024

v. … See Shibuya v.

Tracy Munoz v. Department of Homeland Security

Merit Systems Protection Board · Jul 2, 2024

v. … See Russo v.

Steven Harris v. Department of Veterans Affairs

Merit Systems Protection Board · Jan 31, 2025

v. … Court of Appeals for the Federal Circuit), within 30 calendar days after you receive this decision. 5 U.S.C. § 7703(b)(2); see Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017).

Andrew Searcy v. Office of Personnel Management

Merit Systems Protection Board · Jun 26, 2024

v. … See, e.g., Estate of Kravitz v.

Michael Duty v. Department of the Navy

Merit Systems Protection Board · Jun 17, 2016

v. … Conforto v. Merit Systems Protection Board, 713 F.3d 1111, 1121 (Fed. Cir. 2013).

Victoria Snyder v. Department of the Navy

Merit Systems Protection Board · Mar 18, 2016

v. … See Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991).

Shawn M. Drago v. Office of Personnel Management

Merit Systems Protection Board · Apr 29, 2016

See Panter v. … ); see also Barnett v.

LaWana Aldridge v. Office of Personnel Management

Merit Systems Protection Board · Jul 12, 2024

See Crosby v. U.S. … See Russo v.

Charlene Long v. Office of Personnel Management

Merit Systems Protection Board · Feb 19, 2025

Rapp v. … v.

Marcus Milton v. Department of Veterans Affairs

Merit Systems Protection Board · Feb 28, 2025

v. … See Chambers v. Department of Homeland Security, 2022 MSPB 8, ¶ 10 (finding that the Board’s jurisdiction over an IRA appeal is limited to matters an appellant raised with OSC (citation omitted)); Banks v.

Israel Garza v. United States Postal Service

Merit Systems Protection Board · Jul 11, 2024

v. … IAF, Tab 2; see Burgess v. Merit Systems Protection Board, 758 F.2d 641, 643-44 (Fed.

John J. Smith v. Office of Personnel Management

Merit Systems Protection Board · Mar 2, 2016

See Smith v. Office of Personnel Management, MSPB Docket No. … The Board, however, will take jurisdiction over a retirement-related appeal where OPM has refused or improperly failed to issue a final or reconsideration decision. See Okello v.