Jackson v. Department of Veterans Affairs

97 F. App'x 297
Court of Appeals for the Federal Circuit·Decided April 12, 2004·No. No. 04-3078·Published·Cited by 2 cases

Opinion

PER CURIAM.

Laura A. Jackson (“Jackson”) appeals from a final decision of the Merit Systems Protection Board (“Board”), dismissing her whistleblower claim and her request to reopen and modify all of her prior appeals filed with the Board. Jackson v. Dep’t of Veterans Affairs, No. SF-1221-02-0131W-l (M.S.P.B. Apr. 1, 2002). Because the Board’s decisions on the issues underlying the dismissal were supported by substantial evidence and were not arbitrary or capricious, an abuse of disci’etion, procedurally deficient, or otherwise not in accordance with law, we affirm.

BACKGROUND

Jackson has previously filed four appeals before the Board and this court stemming from her 1997 resignation from the Department of Veterans Affairs (“Department”) and based on claims she filed, inter alia, for involuntary resignation, job restoration, and disability retirement. Before the Board in the case now before us, Jackson sought to reopen and modify all of her previous appeals based upon purportedly new evidence and sought relief on a new whistleblower claim.

Because the members of the Board could not agree on the disposition of the appeal, the initial decision of the Administrative Law Judge became the final decision of the Board. In that decision, the Board found that the doctrine of res judicata applied to Jackson’s appeal, barring Jackson from relitigating her claims or any claims that could have been raised in a prior proceeding. On that basis, the Board dismissed Jackson’s appeal. Jackson then appealed to this court.

We have jurisdiction from an appeal of a final decision of the Board pursuant to 28 U.S.C. § 1295(a)(9).

ANALYSIS

Our scope of review in an appeal from a decision of the Board is limited. Specifically, we must affirm the Board’s decision unless we find it to be arbitrary, capri[299] cious, an abuse of discretion, or otherwise not in accordance with law; obtained without procedures required by law, rule, or regulation having been followed; or unsupported by substantial evidence. 5 U.S.C. § 7703(c); Abell v. Dep’t of the Navy, 343 F.3d 1378, 1382-83 (Fed.Cir.2003).

Jackson seeks to reopen and modify all of her previous appeals based upon purported new evidence and further brings what she characterizes as a whistleblower claim. The Board found no merit in Jackson’s attempt to revisit previously considered issues, and disposed of the appeal in the following terms:

In this case, although appellant has attempted to recharacterize her appeal as a new action, it is apparent that appellant’s appeal is nothing more than a patent attempt to reopen and relitigate previously filed appeals. See, e.g., Fredeluces v. Office of Personnel Management, 75 M.S.P.R. 488, 493 (1997). It is a matter of public record in this case that in 1998 appellant filed an appeal concerning an alleged constructive removal. In an initial decision issued July 9,1998 (MSPB Docket No. SF-0752-98-0070-1-2), a finding was made that appellant failed to establish that her resignation was involuntary; the decision also found that appellant had failed to prove any discrimination or retaliation. The Board’s final decision in this case was appealed to the Court of Appeals for the Federal Circuit. Appellant’s appeal of that decision was ultimately dismissed by the Court in an order issued February 7, 2001. Appellant also filed a disability retirement appeal with the Board and the Office of Personnel Management’s decision finding that appellant was ineligible for a disability retirement was affirmed by the Board in an initial decision issued July 30, 2001 (MSPB Docket No. SF-831E-99-0600-I-1). On appeal, the Court of Appeals for the Federal Circuit affirmed the Board’s decision in an order issued July 30, 2001. Finally, appellant also filed a restoration to duty appeal and an initial decision on that matter, dismissing the appeal, was issued on April 23, 2001 (MSPB Docket No. SF0353-01-0167-I-1). The Board issued a final decision affirming the dismissal on March 1, 2002.
Although appellant has submitted voluminous, and somewhat redundant, submissions on appeal, it is clearly apparent that appellant is merely reiterating claims previously filed. Indeed, as previously noted, appellant titled her appeal as a request to “reopen and modify all MSPB appeals.” See Initial Appeal File, at 1 (Appellant’s appeal petition). I find that the doctrine of res judicata applies to this appeal and appellant may not relitigate her claims here or any other claims which could have been raised in the prior proceedings. The Board’s decisions in appellant’s prior cases are final and appellant may not relitigate her claims here. See Tyler v. United States Postal Service, 90 M.S.P.R. 545, 548 (2002).

Jackson v. Dep’t of Veterans Affairs, No. SF-1221-02-0131-W-1, slip op. at 2-3 (M.S.P.B. Apr. 1, 2002).

A. Involuntary Resignation and Job Restoration Claims

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Jackson v. Department of Veterans Affairs, 97 F. App'x 297 (Fed. Cir. 2004).

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