Sharon M. Lourens v. Merit Systems Protection Board

PLAGER, Circuit Judge.

Sharon M. Lourens appeals from a decision of the Merit Systems Protection Board (“MSPB”), No. CH-315H-98-0676-1-1 (Aug. 26, 1998), which dismissed her case for lack of jurisdiction. Ms. Lourens is preference eligible as the widow of a deceased disabled veteran, see 5 U.S.C. § 2108(3) (1994 & Supp. III 1997). The MSPB held that her preference eligibility did not give her appeal rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301-4344 (1994 & Supp. III 1997), because she had not herself performed service in the…