Lack of jurisdiction in orthotist’s appeal of termination of his employment with the DVA

Carrow v. Merit Sys. Prot. Bd., 10-3061, concerned a challenge to the the Merit Systems Protection Board’s dismissal of the appeal, on remand, for lack of jurisdiction, in petitioner’s challenge to the termination of his employment as an orthotist-prosthetist with the Department of Veterans Affairs (DVA).  In affirming, the court held that, 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).  Further, 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.

 

Related Link:

  • Read the Federal Circuit’s Full Decision in Carrow v. Merit Sys. Prot. Bd., 10-3061

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