Shaw v. Department of Veterans Affairs

Jaquetta Shaw appeals the decision of the Merit Systems Protection Board in favor of the Department of Veterans Affairs (“agency”). Because the board applied the wrong legal standard, we reverse and remand.

The board’s decision is reviewed in accordance with 5 U.S.C. § 7703(c). See Jones v. Dept. of Transp., 295 F.3d 1298, 1304 (Fed.Cir.2002). The board found that the agency had shown by a preponderance of the evidence that Shaw had been appointed in contravention of 5 C.F.R. §§ 333.102 and 103 and that her removal promoted the efficiency of the service as required by 5 U.S.C. § 7513. The…