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LAZARO v. DEPARTMENT OF VETERANS AFFAIRS

No. 2011-3190.

666 F.3d 1316 (2012)

Manuel LAZARO, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

February 2, 2012.

Attorney(s) appearing for the Case

Manuel Lazaro , of Homestead, Florida, pro se.

Douglas G. Edelshick , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. On the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Franklin E. White, Jr. , Assistant Director, and Meredyth Cohen Havasy , Trial Attorney.

Before RADER, Chief Judge, and O'MALLEY and REYNA, Circuit Judges.

O'MALLEY, Circuit Judge.

Manuel Lazaro ("Mr. Lazaro") appeals the Final Order of the Merit Systems Protection Board ("the Board") that denied his claim for relief under the Veterans Employment Opportunities Act ("VEOA"). In reaching this conclusion, the Board found no error in the Administrative Judge's ("AJ") Initial Decision. Because we conclude that the Board committed legal error, we vacate and remand.

BACKGROUND

On August 10, 2009, Mr. Lazaro...

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