Gregory A. Gergans, Petitioner, v. Merit Systems Protection Board, Respondent, 67 F.3d 319 (Fed. Cir. 1995)

ORDER

Gregory A. Gergans petitions for review of the August 4, 1994 decision of the Merit Systems Protection Board, Docket No. CH-0752-94-0309-I-1, finding that it lacked jurisdiction to hear Mr. Gergans' claim that he was removed from his position of Staff Physician with the Department of Veterans Affairs Hospital because of whistleblowing. The MSPB, relying on its decision in Alvarez v. Department of Veterans Affairs, 49 M.S.P.R. 628 (1991), held that physicians appointed under title 38 do not have appeal rights pursuant to the Whistleblower Protection Act. After Mr. Gergans filed his appeal, the MSPB moved this court to vacate its decision and remand for reconsideration of the jurisdictional question in light of its later decision in Cochran v. Department of Veterans Affairs, MSPB Docket No. D-1221-94-0481-W-1 (March 21, 1995). Mr. Gergans does not oppose. Accordingly, we vacate the August 4, 1994 decision of the MSPB and remand for reconsideration.