Earl P. Dick v. Department of Veterans Affairs
Court of Appeals for the Federal Circuit
1Opinion of the Court
DYK, Circuit Judge.
Dr. Earl P. Dick (“appellant”) seeks review of the final decision of the Merit Systems Protection Board (“Board”) dismissing his appeal for “lack of jurisdiction.” Because the Board had jurisdiction based on appellant’s non-frivolous allegations, and because appellant did not waive a hearing on the merits, we vacate and remand.
I
Appellant served as Chief of Staff at the Department of Veterans Affairs Harry S. Truman Memorial Hospital (“hospital”) in Columbia, Missouri, from January 1, 1989, to August 21, 1994. Appellant asserts that during his tenure as Chief of Staff, he…
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