Unpublished Dispositionarliss Tulin, Petitioner, v. Office of Personnel Management, Respondent, 826 F.2d 1071 (Fed.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

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U.S. Court of Appeals for the Federal Circuit - 826 F.2d 1071 (Fed. Cir. 1987) July 13, 1987

Before RICH, Circuit Judge, NICHOLS, Senior Circuit Judge, and NIES, Circuit Judge.


The decision of the Merit Systems Protection Board (board) in No. NY831L8610415, sustaining the Office of Personnel Management's denial of the petitioner's application for disability retirement as untimely, is affirmed. The board's decision that it could not waive the one-year time limit set forth in 5 USC 8337(b) absent evidence of mental incompetence was not arbitrary, capricious, an abuse of discretion, unsupported by the evidence, or otherwise not in accordance with law. See 5 USC 7703(c).