Daisy M. Graves, Petitioner, v. Office of Personnel Management, Respondent, 11 F.3d 1073 (Fed. Cir. 1993)

Daisy M. Graves appeals from the initial decision of an Administrative Judge (AJ) of the Merit Systems Protection Board (MSPB), Docket No. NY831E920433-I-1 (Oct. 8, 1992), affirming the Office of Personnel Management's denial of her application for disability retirement under the Civil Service Retirement System, 5 U.S.C. §§ 8331, 8337. The decision of the AJ became the final decision of the MSPB on March 1, 1993, when the MSPB denied Ms. Graves's petition for review.

Ms. Graves argues in her appeal to this court that the medical evidence demonstrates that she is entitled to disability retirement. However, under the authority of 5 U.S.C. § 8347(c) & (d) and Lindahl v. OPM, 470 U.S. 768, 791 (1985), this court is without jurisdiction to review the factual underpinnings of the MSPB's disability retirement determination. See Smith v. OPM, 784 F.2d 397, 400 (Fed. Cir. 1986); Hammond v. OPM, 784 F.2d 392, 393 (Fed. Cir. 1986); McEachern v. OPM, 776 F.2d 1539, 1542-43 (Fed. Cir. 1985); Lee v. OPM, 762 F.2d 987, 988 (Fed. Cir. 1985). Accordingly the appeal must be and is dismissed.