Lazaro v. Department of Veterans Affairs

O’MALLEY, Circuit Judge.

Manuel Lazaro (“Mr. Lazaro”) appeals the Final Order of the Merit Systems Protection Board (“the Board”) that denied his claim for relief under the Veterans Employment Opportunities Act (“VEOA”). In reaching this conclusion, the Board found no error in the Administrative Judge’s (“AJ”) Initial Decision. Because we conclude that the Board committed legal error, we vacate and remand.

Background

On August 10, 2009, Mr. Lazaro applied for an IT specialist position with the Miami VA Healthcare System. Appendix (“App.”) 60. According to the Vacancy Announcement, to be…