Sunday, January 25, 2015

MSPB, VEOA

The VEOA affords a veteran, who alleges that an agency has violated his or her rights under any statute or regulation relating to veterans' preference, a right to file a complaint with the Secretary of Labor.5 U.S.C. § 3330a(a)(1). If the Secretary is unable to resolve the complaint within 60 days, the veteran may file an appeal of the alleged violation with the MSPB. Id. § 3330a(d)(1). 

Under the VEOA, the Board has jurisdiction over appeals alleging a violation of any right under a statute or regulation relating to veterans' preference.

MSPB had jurisdiction under the VEOA because Mr. Abell was a preference eligible, he claimed that his VEOA rights were violated, and he had exhausted his administrative remedy with DOL. 

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