United States Federal Circuit

On appeal of a final order of the Merit Systems Protection Board that denied the plaintiff's claim for relief under the Veterans Employment Opportunities Act, the order is vacated and the case remanded, where: 1) the Board had jurisdiction to determine whether the Veterans Administration properly afforded the plaintiff the right to compete for the job and whether it properly determined that the plaintiff was not qualified for the position; and 2) the Board committed legal error by concluding that the administrative judge properly determined that the Board lacked jurisdiction over the plaintiff's claim and that the administrative judge's analysis was not erroneous.

Appellate Information

• Decided 02/02/2012
• Published 02/02/2012

Judges

• O'Malley

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Douglas G. Edelshick