VANIEKEN-RYALS v. OFFICE OF PERSONNEL MANAGEMENT

No. 2006-3260.

508 F.3d 1034 (2007)

Phyllis M. VANIEKEN-RYALS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

November 26, 2007.


Attorney(s) appearing for the Case

John S. Grady, Grady & Hampton LLC, of Dover, DE, argued for petitioner.

Michael S. Dufault, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and Bryant G. Snee, Assistant Director. Of counsel was Tara K. Hogan, Trial Attorney.

Before MICHEL, Chief Judge, LOURIE and MOORE, Circuit Judges.


MICHEL, Chief Judge.

Phyllis M. Vanieken-Ryals appeals from a final decision of the Merit Systems Protection Board ("MSPB") sustaining the denial of her application for disability retirement benefits by the Office of Personnel Management ("OPM"). Vanieken-Ryals v. Office of Pers. Mgmt., 102 M.S.P.R. 236 (M.S.P.B.2006). Because OPM applied an erroneous legal standard in its assessment of evidence offered to support Vanieken-Ryals' application, and the MSPB repeated...

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