Case law

Ryan Keel v. Department of Veterans Affairs

Merit Systems Protection Board · Mar 23, 2023

See Mahoney v. U.S. Postal Service, 37 M.S.P.R. 146, 149 (1988). … See Massey v. Office of Personnel Management, 91 M.S.P.R. 289, ¶ 4 (2002), overruled on other grounds by Delorme v.

John Paul Jones, III v. Department of Health and Human Services

Merit Systems Protection Board · Jul 24, 2015

v. … See Harellson v. U.S.

Lavena Spencer v. Department of Labor

Merit Systems Protection Board · Nov 3, 2022

See Massey v. Office of Personnel Management, 91 M.S.P.R. 289, ¶ 4 (2002), overruled on other grounds by Delorme v. … See Greco v. Department of the Army, 852 F.2d 558, 560 (Fed.

Phillip Daniels v. Department of Veterans Affairs

Merit Systems Protection Board · May 18, 2023

See Mahoney v. U.S. Postal Service, 37 M.S.P.R. 146, 149 (1988). … See Delorme v.

Daniel Rembert v. Department of Veterans Affairs

Merit Systems Protection Board · May 25, 2023

v. … See Baumgartner v.

Kiera N. Johnson v. Social Security Administration

Merit Systems Protection Board · Sep 1, 2015

Avansino v. U.S. Postal Service, 3 M.S.P.R. 211, 214 (1980); see Banks v. Department of the Air Force, 4 M.S.P.R. 268, 271 (1980). … However, the issue of the Board’s jurisdiction is always before it, and may be raised by either party or sua sponte by the Board any time during a Board proceeding. Zajac v.

Jessie Lumpkins v. Department of Veterans Affairs

Merit Systems Protection Board · Jan 9, 2015

The Board will consider a settlement agreement reached outside of a Board proceeding to determine its effect on the Board appeal and any waiver of Board appeal rights. Swidecki v. U.S. … See Panter v.

Douglas Cline v. Department of Veterans Affairs

Merit Systems Protection Board · Sep 26, 2022

-1 v. … Accordingly, we find that the parties did not intend for the Board to enforce the settlement agreement and that it is therefore not enforceable by the Board. See Zumwalt v.

Angela M. Oppe' v. National Aeronautics and Space Admin

Merit Systems Protection Board · May 19, 2015

See Fisher v. … In any event, the Board lacks jurisdiction over an agency’s decision not to reinstate an employee pursuant to 5 C.F.R. § 315.401. Hicks v.

Jane DeGreef v. United States Postal Service

Merit Systems Protection Board · Feb 3, 2023

v. … See Massey v. Office of Personnel Management, 91 M.S.P.R. 289, ¶ 4 (2002), overruled on other grounds by Delorme v.

Thomas Victor Montgomery v. Department of the Treasury

Merit Systems Protection Board · May 14, 2015

v. … Tines v. Department of the Air Force, 56 M.S.P.R. 90, 93 (1992). Under the suitability regulations, only a “suitability action” may be appealed to the Board. See Kazan v.

Ervin Lucero v. Department of Commerce

Merit Systems Protection Board · May 25, 2023

Evans v. … Salerno v. Department of Interior, 123 M.S.P.R. 230, ¶ 5 (2016). The Board’s jurisdiction over IRA appeals does not extend to claims arising under subsection (A)(ii). Mudd v.

Harris L. Winns v. United States Postal Service

Merit Systems Protection Board · May 7, 2015

Harrell v. U.S. … Matthews v. U.S.

Jesse Lane v. Department of Veterans Affairs

Merit Systems Protection Board · May 18, 2023

Lane v. Department of Veterans Affairs, MSPB Docket No. … As the appellant has not responded to the agency’s assertions and evidence of compliance, the Board assumes that he is satisfied. See Baumgartner v.

Lowell D. Shackelford v. Department of the Army

Merit Systems Protection Board · Feb 24, 2015

The Board’s jurisdiction is not plenary; it is limited to those matters over which it has been given jurisdiction by law, rule, or regulation. Maddox v. … See Crosby v. U.S.

Angela Whetten-Hernandez v. Department of Veterans Affairs

Merit Systems Protection Board · Apr 25, 2023

Rosell v. … Rose v. U.S. Postal Service, 106 M.S.P.R. 611, ¶ 7 (2007).

Eric B. Feigenbaum v. Department of the Navy

Merit Systems Protection Board · Jul 28, 2015

Einboden v. Department of the Navy, 122 M.S.P.R. 302, ¶¶ 13-18 (2015). … See Weaver v. Department of the Navy, 2 M.S.P.R. 129, 133-34 (1980).

Albert Medlin v. Department of Homeland Security

Merit Systems Protection Board · Jul 20, 2023

v. … See Young v. Merit Systems Protection Board, 961 F.3d 1323, 1329 (Fed.

James G. Evans v. Department of Veterans Affairs

Merit Systems Protection Board · Sep 2, 2014

Kroeger v. U.S. Postal Service, 865 F.2d 235, 239 (Fed. Cir. 1988). The Board clarified in McNeil v. … See Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991).

Jean Francis v. Department of Labor

Merit Systems Protection Board · Mar 24, 2016

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.