Vanieken-Ryals v. Office of Personnel Management

MICHEL, Chief Judge.

Phyllis M. Vanieken-Ryals appeals from a final decision of the Merit Systems Protection Board (“MSPB”) sustaining the denial of her application for disability retirement benefits by the Office of Personnel Management (“OPM”). Vanieken-Ryals v. Office of Pers. Mgmt., 102 M.S.P.R. 236 (M.S.P.B.2006). Because OPM applied an erroneous legal standard in its assessment of evidence offered to support Vanieken-Ryals’ application, and the MSPB repeated that error, we vacate and remand.

I. BACKGROUND

Vanieken-Ryals has been an employee of the Veterans Administration (“VA”) for nearly…