Lewis J. Hendershot, Jr., Petitioner, v. Veterans Administration, Respondent, 867 F.2d 616 (Fed. Cir. 1989)

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

Jan. 23, 1989

Before NIES, Circuit Judge, COWEN, Senior Circuit Judge, and PAULINE NEWMAN, Circuit Judge.



Lewis J. Hendershot, Jr. seeks review of the final decision of the Merit Systems Protection Board, Docket No. PH07528310216, sustaining the Veterans Administration's decision to remove him from his position as a Nursing Assistant, GS-621-04, for inattentiveness to his duties which endangered the safety of patients entrusted to his care. We affirm.


It was Hendershot's burden on appeal to show that the Board's decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; obtained without procedures required by law, rule, or regulation having been followed; or unsupported by substantial evidence. See 5 U.S.C. § 7703(c) (1982); Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984). Hendershot has failed to show any error which would justify reversal.