United States Federal Circuit

A physician who alleges that his veterans' preference rights have been violated when he is not selected for a position with the Veterans Health Administration (VHA) may not appeal the alleged violation to the Merit Systems Protection Board under the Veterans Employment Opportunities Act of 1998 (VEOA), because appointments of physicians in the VHA are not subject to the provisions of the VEOA.

Appellate Information

• Decided 09/25/2003
• Published 09/25/2003

Judges

• PLAGER, Senior Circuit Judge., Before NEWMAN, Circuit Judge, PLAGER, Senior Circuit Judge, and BRYSON, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard A. Scarnati, of Columbus, OH, pro se.


• For Appellees:
  
• Leslie C. Ohta, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent.   With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Harold D. Lester, Jr., Assistant Director.   Of counsel was Monica J. Palko, Attorney.