GAJARSA, Circuit Judge.
The Department of Transportation ("DOT") removed Mr. Jones from his position as a Criminal Investigator in the DOT's Office of the Assistant Inspector General for Investigations. The removal charge was for physical inability to perform the functions of his position. At the time he was removed, Mr. Jones was permanently unable to perform his position due to a severe physical incapacity, but Mr. Jones had a positive balance of leave voluntarily...
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