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SCARNATI v. DEPARTMENT OF VETERANS AFFAIRS

No. 01-3282.

344 F.3d 1246 (2003)

Richard A. SCARNATI, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Decided September 25, 2003.

Attorney(s) appearing for the Case

Richard A. Scarnati, of Columbus, Ohio, pro se.

Leslie C. Ohta, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Harold D. Lester, Jr., Assistant Director. Of counsel was Monica J. Palko, Attorney.

Before NEWMAN, Circuit Judge, PLAGER, Senior Circuit Judge, and BRYSON, Circuit Judge.

PLAGER, Senior Circuit Judge.

The issue in this case, one of first impression in this court, is whether a physician who alleges that his veterans' preference rights have been violated when he is not selected for a position with the Veterans Health Administration (VHA) may appeal the alleged violation to the Merit Systems Protection Board (Board or MSPB) under the Veterans Employment Opportunities Act of 1998 (VEOA). Because appointments of physicians in the VHA are...

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