C.F.R. » Title 5 » CHAPTER II—MERIT SYSTEMS PROTECTION BOARD › SUBCHAPTER A—ORGANIZATION AND PROCEDURES › PART 1208—PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT OPPORTUNITIES ACT › Subpart C—VEOA Appeals

5 C.F.R. § 1208.21

VEOA exhaustion requirement

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(a) General rule. Before an appellant may file a VEOA appeal with the Board, the appellant must first file a complaint under 5 U.S.C. 3330a(a) with the Secretary of Labor within 60 days after the date of the alleged violation. In addition, either the Secretary must have sent the appellant written notification that efforts to resolve the complaint were unsuccessful or, if the Secretary has not issued such notification and at least 60 days have elapsed from the date the complaint was filed, the appellant must have provided written notification to the Secretary of the appellant's intention to file an appeal with the Board.

(b) Equitable tolling; extension of filing deadline. In extraordinary circumstances, the appellant's 60-day deadline for filing a complaint with the Secretary is subject to the doctrine of equitable tolling, which permits the Board to extend the deadline where the appellant, despite having diligently pursued his or her rights, was unable to make a timely filing. Examples include cases involving deception or in which the appellant filed a defective pleading during the statutory period.

[77 FR 62373, Oct. 12, 2012]
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2015–2024 · leading case: Anthony Salazar v. Dep't of Vets. Affairs, 2024 MSPB 11 (MSPB 2024).
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Anthony Salazar v. Dep't of Vets. Affairs, 2024 MSPB 11 (MSPB 2024). · cites it 3× “§ 3330a(a)(2)(A) may be equitably tolled); 5 C.F.R. § 1208.21 (b) (providing that the 60-day deadline to file a VEOA complaint with DOL may be equitably tolled).”
Ulric Jackson v. Dep't of the Navy (MSPB 2016). “5 See 5 C.F.R. § 1208.21 . NOTICE TO THE APPELLANT REGARDING YOUR FURTHER REVIEW RIGHTS You have the right to request review of this final decision by the U.”
Stephen Dambra v. Dep't of Health & Human Servs. (MSPB 2022). “223 , ¶¶ 15-19; 5 C.F.R. § 1208.21 (a). 3 The administrative judge did not address the remaining elements of the appellant’s jurisdictional burden, and we need not do so here.”
Charles W. Heckman v. Dep't of the Interior (MSPB 2015). “§ 3330a(d); 5 C.F.R. § 1208.21 (a). ¶6 The appellant does not appear to contest the administrative judge’s finding that, concerning complaints WA-2007-001-VPH and WA-2007-002-VPH, he neither received written notice from DOL that its efforts to resolve the complaints were…”
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