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HELMAN v. DEPT. OF VETERANS AFFAIRS

2015-3086.

856 F.3d 920 (2017)

Sharon M. HELMAN, Petitioner v. DEPARTMENT OF VETERANS AFFAIRS, Respondent v. Veterans of Foreign Wars, AMVETS, Iraq and Afghanistan Veterans of America, National Association for Uniformed Services, Reserve Officers Association, Non-Commissioned Officers Association, Marine Corps League, Army Reserve Association, Marine Corps Reserve Association, U.S. Army Warrant Officers Association, Special Forces Association, Jewish War Veterans of the United States, Intervenors.

United States Court of Appeals, Federal Circuit.

Decided: May 9, 2017.

Attorney(s) appearing for the Case

ERIC RICHARD NITZ , MoloLamken LLP, Washington, DC, argued for petitioner. Also represented by ROBERT KELSEY KRY , JEFFREY A. LAMKEN ; DEBRA LYNN ROTH , JAMES PHILIP GARAY HEELAN , JULIA HELEN PERKINS , Shaw, Bransford & Roth P.C., Washington, DC.

MARK R. FREEMAN , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by MARK B. STERN ; HILLARY STERN , BENJAMIN C. MIZER , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington DC; HANSEL JAIDEV CORDEIRO , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

MICHAEL T. MORLEY , Coolidge-Reagan Foundation, Washington, DC, argued for intervenors.

Before Prost, Chief Judge, Clevenger and Chen, Circuit Judges.

Sharon M. Helman, the former Director of the Phoenix Veterans Affairs Health Care System, appeals a decision of the Merit Systems Protection Board ("MSPB" or "Board"). The Deputy Secretary of the Department of Veterans Affairs ("DVA") removed Ms. Helman from her position under 38 U.S.C. § 713, and a MSPB administrative judge...

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