Thomas E. Brownscombe, Petitioner, v. Office of Personnel Management, Respondent, 871 F.2d 1097 (Fed. Cir. 1989)

DECISION

This appeal is from the decision of the Merit Systems Protection Board (board), docket number DC831L8710168, affirming the administrative judge's (AJ's) initial decision, as modified by the board's opinion and order, 37 M.S.P.R. 382 (1988), sustaining the Office of Personnel Management's (OPM's) denial to Brownscombe of disability retirement benefits. We affirm.

OPINION

We can reverse the board's denial of a disability retirement claim only if "there has been a substantial departure from important procedural rights, a misconstruction of the governing legislation, or some like error 'going to the heart of the administrative determination.' " Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985) (quoting Scroggins v. United States, 184 Ct. Cl. 530, 534, 397 F.2d 295, 297, cert. denied, 393 U.S. 952 (1968)). We have carefully reviewed the record and each of Brownscombe's arguments and have failed to discern any such error.