Bruce R. Snyder, Petitioner, v. Office of Personnel Management, Respondent, 833 F.2d 1022 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 833 F.2d 1022 (Fed. Cir. 1987) October 2, 1987

Before PAULINE NEWMAN, Circuit Judge, BALDWIN, Senior Circuit Judge, and ARCHER, Circuit Judge.

PER CURIAM.


DECISION

The Merit Systems Protection Board (board), Docket No. DC08318610234, denied Bruce R. Snyder (petitioner) civil service retirement credit for a period of hospitalization. We affirm.

OPINION

Petitioner has failed to meet his burden of proof to establish entitlement to additional service credit. There is no law, regulation, or other authority under these facts whereby credit could be granted. We are powerless to follow petitioner's suggestion that the regulation be altered to provide a remedy in his case.

The facts regarding petitioner's extensive illness and disability are not in dispute. Petitioner entered the military service in 1943 and was discharged after approximately one year of service. Thereafter, for over thirteen years he received treatment for tuberculosis in a Veterans Administration hospital. While undergoing treatment, petitioner was rated as disabled by the Veterans Administration and his treatment was overseen by that agency. In 1957 petitioner was reappointed to a civil service position. A A connection with the Veterans Administration through petitioner's disability, however, does not create entitlement to service credit for the intervening period.