Stella Cosimano, Petitioner, v. Veterans Administration, Respondent, 867 F.2d 616 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 867 F.2d 616 (Fed. Cir. 1989)

Jan. 23, 1989. Rehearing Denied Feb. 15, 1989

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


Petitioner appeals the decision of the Merit Systems Protection Board (MSPB or board) dismissing for lack of jurisdiction her challenge to dismissal from her position with the Veterans Administration. The initial decision of the administrative judge was that the MSPB had no jurisdiction of the case because the employee was in the excepted service and not a preference eligible. Cosimano v. Veterans Administration, MSPB No. NY07528810039 (Dec. 22, 1987). This decision became final on May 10, 1988, when the full board declined review.

The MSPB decision is correct as a matter of law. 5 U.S.C. § 7511(a) (1) (B) (1982). The MSPB has only the jurisdiction Congress gives to it. Under our limited scope of judicial review there is no basis upon which we can disagree with the MSPB in this case, and we affirm its decision. 5 U.S.C. § 7703(c) (1982). Smith v. MSPB, 813 F.2d 1216 (Fed. Cir. 1987).