Roberto Rivera v. Department of Veterans Affairs ( 2022 )

UNITED STATES OF AMERICA
MERIT SYSTEMS PROTECTION BOARD
ROBERTO RIVERA, DOCKET NUMBER
Appellant, NY-0714-21-0158-R-1
v.
DEPARTMENT OF VETERANS DATE: May 19, 2022
AFFAIRS,
Agency.
THIS ORDER IS NONPRECEDENTIAL *
Alan E. Wolin, Jericho, New York, for the appellant.
Jean M. Rummel, Bedford, Massachusetts, for the agency.
BEFORE
Raymond A. Limon, Vice Chair
Tristan L. Leavitt, Member
REMAND ORDER
¶1 The Board reopens this appeal on its own motion pursuant to its authority
under 5 U.S.C. § 7701(e)(1)(B) and 5 C.F.R. § 1201.118. Please note that the
docket number in this appeal has been changed in accordance with Board practice
when an appeal is reopened.
*
A nonprecedential order is one that the Board has determined does not add
significantly to the body of MSPB case law. Parties may cite nonprecedential orders,
but such orders have no precedential value; the Board and administrative judges are not
required to follow or distinguish them in any future decisions. In contrast, a
precedential decision issued as an Opinion and Order has been identified by the Board
as significantly contributing to the Board’s case law. See 5 C.F.R. § 1201.117(c).
2
¶2 Consistent with our decision in Wilson v. Department of Veterans Affairs,
2022 MSPB 7 (2022), we hold that the appellant timely filed his appeal under the
procedures and time limits of 5 U.S.C. § 7702, 5 C.F.R. § 1201.154, and
29 C.F.R. § 1614.302(d). We therefore VACATE the Board’s final decision in
NY-0714-21-0158-I-1 and REMAND this case to the New York Field Office for
adjudication on the merits.
FOR THE BOARD: /s/ for
Jennifer Everling
Acting Clerk of the Board
Washington, D.C.