United States Federal Circuit

In petitioner's challenge to the termination of his employment as an orthotist-prosthetist with the Department of Veterans Affairs (DVA), the Merit Systems Protection Board's dismissal of the appeal, on remand, for lack of jurisdiction is affirmed where: 1) by statute, petitioner's position with the DVA did not carry Board appeal rights, as he does not qualify as an "employee" under 5 U.S.C. section 7511(a)(1)(C)(ii); and 2) any failure on the part of the DVA to provide full information to petitioner regarding the terms of his employment with the DVA did not give the Board jurisdiction over his appeal seeking reinstatement to his position at the DVA.

Appellate Information

• Decided 12/03/2010
• Published 12/03/2010

Judges

• BRYSON

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Geoffrey P. Eaton, Calvin M. Morrow