Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit Knocks Down VA’s Interpretation of 2017 “Accountability” Law

In two opinions issued on August 12, 2021, the United States Court of Appeals for the Federal Circuit found that the Department of Veterans Affairs erroneously interpreted the provisions of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 when disciplining its employees. The purpose of the 2017 law, codified at 38 U.S.C. § 714, was to provide for expedited discipline of VA employees, strip MSPB of its authority to mitigate the VA’s chosen penalty, and to impose a less rigorous burden of proof on the agency at the appellate level than a traditional MSPB appeal.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit: No Waiver of Sayers Arguments in VA Removal Case

A VA police officer was removed by the Department of Veterans Affairs under the 2017 “accountability” law 38 U.S.C. § 714 that limited review of VA’s actions against general schedule employees. The removal was based on conduct occurring prior to the enactment of the law. The employee appealed to the MSPB, and the MSPB affirmed the removal. On December 7, 2020, the United States Court of Appeals for the Federal Circuit vacated the MSPB’s decision, and remanded the case to the MSPB with instructions to remand the case further back to the agency.

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Veterans and Gold Star Families Receive Free Access to National Parks and Public Lands

The Department of the Interior and the Department of Veterans Affairs recently announced that veterans and Gold Star families will be receiving free lifetime access to national parks, refuges, and other public lands. These families will have free access to approximately 2,000 public locations with many activities including hiking, fishing, paddling, biking, hunting, camping, stargazing and climbing.

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