A recent  MSPB case reasserted the  MSPB’s position that a Veteran’s VA Disability rating is relevant to an application for  federal disability retirement by a postal worker or Federal employee.  The recent decision found that when the VA issues a Veteran a Ratings decision for the same disability that the Veteran is claiming as the basis for his/her FERS/CSRS  federal disability retirement application,  OPM and the  MSPB must consider the decision.

The part of the decision that was most helpful, however, was the  MSPB’s conclusion that a VA Ratings Decision issued after the  MSPB Administrative Judge affirms OPM’s denial of  federal disability retirement constitutes new evidence that would support reconsideration by the  MSPB. Simpkins v. OPM, 2010 MSPB 52 (March 18, 2010).  This can be very helpful for a postal worker or federal employee who is also a Veteran and who is seeking  federal disability retirement through  OPM.  The VA can take months, if not years, to issue a ratings decision to a Veteran; in those cases, the Veteran should consider filing a petition to reopen their  MSPB appeal if they were denied  federal disability retirement for a disability that is compensated by the VA as service-connected.

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee or postal worker, with some power. This information is not widely or easily accessible to Federal Employees or postal workers.

The Attig Law Firm represents Federal employees under FERS or CSRS in their applications for federal disability retirement to OPM. If an application for federal disability retirement is denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of federal disability retirement applications by OPM.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) and federal disability retirement appeals to discuss the facts and law of your particular case. If you are an employee of the USPS, or a Federal employee under FERS or CSRS, and are considering applying for  federal disability retirement to  OPM, or would like to discuss your application for federal disability retirement, under FERS or CSRS, or OPM’s denial of your applications for federal disability retirement benefits under FERS or CSRS, contact an MSPB attorney or a Federal Disability Retirement Lawyer at the Attig Law Firm to schedule a telephone consultation.