Unpublished Dispositionalfredo Rodriguez, Petitioner, v. Office of Personnel Management, Respondent, 826 F.2d 1071 (Fed. Cir. 1987)

DECISION

The decision of the Merit Systems Protection Board (MSPB or board), Docket No. SF831L8610216, reversing the initial decision of the presiding official and sustaining the Office of Personnel Management's (OPM) decision terminating petitioner's disability retirement is affirmed.

OPINION

This court's narrow scope of appellate review precludes a reexamination of disability retirement findings made by the OPM. Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985). We review disability cases only to determine whether 'there has been substantial departure from important procedural rights, a misconstruction of the governing legislation, or some like error going to the heart of the administrative determination.' Id. Petitioner erroneously asks this court to reevaluate evidence and testimony regarding the original findings entitling him to disability retirement as well as findings made upon his subsequent appeals. This we cannot do. We find no legal and/or procedural errors in the proceedings below and therefore affirm the final decision of the board.