Case law

Herman E. Millender v. Department of the Army

Merit Systems Protection Board · Mar 21, 2016

Rebstock Consolidation v. … See Hooker 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.

Paul J. Bishop v. Department of Homeland Security

Merit Systems Protection Board · Sep 28, 2015

Inman v. Department of Veterans Affairs, 115 M.S.P.R. 41, ¶ 13 (2010) (citing Peartree v. U.S. Postal Service, 66 M.S.P.R. 332, 337 (1995)). … See Russo v. Veterans Administration, 3 M.S.P.R. 345, 349 (1980); Avansino v. U.S.

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).

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).

Robert E. Young v. United States Postal Service

Merit Systems Protection Board · Oct 29, 2015

Douglas v. … Rather, the Board in Savage reaffirmed that it will adhere to the test set forth in Mt. Healthy City School District Board of Education v.

John Satchell v. Department of Justice

Merit Systems Protection Board · Aug 1, 2024

In Day v. … Salinas v.

Mark W Guttenberg v. Department of Homeland Security

Merit Systems Protection Board · Aug 16, 2024

Miller v. U.S. Postal Service, 117 M.S.P.R. 557, ¶ 17 (2012); see Burroughs v. Department of the Army, 918 F.2d 170, 172 (Fed. Cir. 1990). … 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).

Donnek E Broadus v. Department of Veterans Affairs

Merit Systems Protection Board · Jul 2, 2024

DISCUSSION OF ARGUMENTS ON REVIEW The Board’s jurisdiction is limited to those matters over which it has been given jurisdiction by law, rule, or regulation. Maddox v. … ID at 3; see Scott v.

Tracy Munoz v. Department of Homeland Security

Merit Systems Protection Board · Jul 2, 2024

v. … See Russo v.

Victor R Ziegler v. Department of the Interior

Merit Systems Protection Board · Aug 16, 2024

v. … Ziegler v. Merit Systems Protection Board, 705 F. App’x 997, 1000 (Fed. Cir. 2017).

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.

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.

Vidala Salcedo v. Social Security Administration

Merit Systems Protection Board · Aug 12, 2024

v. … Lacy v.

Forrest Smith v. Department of the Navy

Merit Systems Protection Board · Jul 18, 2024

v. … Cir. 2002) (stating that loss of premium pay, such as overtime, is not an appealable action to the Board); Riojas v. U.S.

John Rogers v. Smithsonian Institution

Merit Systems Protection Board · Nov 1, 2024

ROGERS, DOCKET NUMBER Appellant, DC-0752-20-0302-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).

ARMY COE - TULSA DISTRICT v. Department of the Army

Merit Systems Protection Board · May 24, 2016

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

Maria Amarillas v. Department of Justice

Merit Systems Protection Board · Jun 8, 2026

ID at 14-21 (citing Lee v. … See Crosby v. U.S.