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RODRIGUEZ v. DEPT. OF VETERANS AFFAIRS

2019-2025.

8 F.4th 1290 (2021)

Ariel RODRIGUEZ, Petitioner v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: August 12, 2021.

Attorney(s) appearing for the Case

James Solomon , Solomon, Maharaj & Kasimati, P.A., Tampa, FL, argued for petitioner.

Igor Helman , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Reginald Thomas Blades, Jr. , Robert Edward Kirschman, Jr. , Richard Powers , Joshua Marc Salzman.

Before Lourie, Bryson, and O'Malley, Circuit Judges.

In August 2018, petitioner Ariel R. Rodriguez was removed from his position with the Department of Veterans Affairs ("DVA") pursuant to 38 U.S.C. § 714. The Merit Systems Protection Board upheld his removal. We reverse and remand.

I

Prior to his removal, Mr...

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