Wayne Lindahl v. Office of Personnel Management

DAVIS, Circuit Judge.

This is the case in which the Supreme Court recently held that this court has jurisdiction over appeals of decisions of the Merit Systems Protection Board (MSPB or Board) refusing claims for civil service physical disability retirement, but also ruling that we can consider only whether “there has been a substantial departure from important procedural rights, a misconstruction of the governing legislation, or some like error going to the heart of the administrative determination”; conversely, we cannot review the factual underpinnings of such disability determinations.…