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NICHOLS v. DEPARTMENT OF VETERANS AFFAIRS

No. 93-3114.

11 F.3d 160 (1993)

Henry P. NICHOLS, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

December 7, 1993.

Attorney(s) appearing for the Case

Walter H. Mayo, III, Casner & Edwards, Boston, MA, argued for petitioner.

Matthew S. Bode, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued for respondent. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Sharon Y. Eubanks, Asst. Director.

Before RICH, MAYER, and SCHALL, Circuit Judges.

MAYER, Circuit Judge.

Henry P. Nichols appeals the decision of the Merit Systems Protection Board, No. BN0353920166-I-1, dismissing his claim that the Department of Veterans Affairs improperly denied his right to restoration under the Vietnam Era Veterans' Readjustment Assistance Act, 38 U.S.C. § 4301 (1992). We reverse.

Background

Nichols was originally employed in the position of "Chief, Chaplain Services, GM-060-13" at the Brockton...

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