Augustine v. Department of Veterans Affairs

CLEVENGER, Senior Circuit Judge.

Petitioner Cassandra A. Augustine appeals the final decision of the Merit Systems Protection Board (“MSPB” or “Board”) denying her petition for attorney fees and expenses under 5 U.S.C. § 3330c(b). We reverse, vacate, and remand.

I

Cassandra A. Augustine is a disabled Navy veteran, and as such, she is a “preference eligible” for federal civil service employment purposes. See 5 U.S.C. § 2108. A preference-eligible veteran is entitled to certain advantages in the government’s hiring process. See, e.g., 5 U.S.C. § 3318(b) (requiring approval from the Office of…