Award of disability retirement after MSPB trial for Human Resources Specialist at DVA
The Law Firm of Andalman & Flynn successfully obtained a federal disability retirement annuity at the MSPB level after a one half day hearing before an Administrative Judge (AJ) for a federal employee who worked for the Department of Veterans Affairs (DVA) as a Human Resources Specialist. The annuitant suffered emotional impairments. The annuitant voluntarily resigned from federal service. This case was made more difficult because the annuitant did not disclose the real reason for annuitant’s absences and resignation to the Agency. Annuitant sought our assistance when annuitant was unable to get the application approved. OPM denied the initial application and on request for reconsideration. Therefore, we appealed to the MSPB. We conducted a one-half day hearing in which two doctors testified as well as the annuitant and the spouse of the annuitant. Following the hearing the AJ issued a fully favorable decision reversing OPM’s denial of the application.