Larry J. Kelley, Petitioner, v. Office of Personnel Management, Respondent, 837 F.2d 1097 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 837 F.2d 1097 (Fed. Cir. 1987) Dec. 10, 1987

Before RICH and DAVIS, Circuit Judges, and BENNETT, Senior Circuit Judge.



The decision of the Merit Systems Protection Board (board) in No. DA831L8610548, sustaining OPM's denial of Larry J. Kelley's application for disability retirement, is affirmed.


Our scope of review in disability cases is limited to whether "there has been a substantial departure from important procedural rights, a misconstruction of the governing legislation, or some other like error 'going to the heart of the administrative process.' " Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985); Smith v. Office of Personnel Management, 760 F.2d 244, 246 (Fed. Cir. 1985). Moreover, we cannot review the facts underlying the disability determination as Kelley requests us to do. See Lindahl, 470 U.S. at 791; Smith, 760 F.2d at 246.

To the extent that Kelley's petition raises issues within our scope of review, we have been shown no reason to reverse.