5 C.F.R. § 1208.4

Definitions

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(a) Appeal. “Appeal” means a request for review of an agency action (the same meaning as in 5 CFR § 1201.4(f)) and includes a “complaint” or “action” as those terms are used in USERRA (38 U.S.C. 4324) and a “complaint” or “appeal” as those terms are used in VEOA (5 U.S.C. 3330a).

(b) Preference eligible. “Preference eligible” is defined in 5 U.S.C. 2108.

(c) USERRA appeal. “USERRA appeal” means an appeal filed under 38 U.S.C. 4324, as enacted by the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103-353), as amended. The term includes an appeal that alleges a violation of a predecessor statutory provision of chapter 43 of title 38, United States Code.

(d) VEOA appeal. “VEOA appeal” means an appeal filed under 5 U.S.C. 3330a, as enacted by the Veterans Employment Opportunities Act of 1998 (Public Law 105-339).

Notes of Decisions

Cited in 5 cases, 2001–2007 · leading case: Kirkendall v. Dep't of the Army, 479 F.3d 830 (Fed. Cir. 2007).

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Kirkendall v. Dep't of the Army, 479 F.3d 830 (Fed. Cir. 2007). · cites it 2× “5 C.F.R. § 1208.4 (c) (“ ‘USERRA appeal’ means an appeal filed under 38 U.”

Sheehan v. Dep't of the Navy, 240 F.3d 1009 (Fed. Cir. 2001). “§ 7701 ) with 5 C.F.R. § 1208.4 (" 'Appeal' means a request for review of an agency action (the same meaning as in 5 C.”

John E. Kirkendall v. Dep't of the Army, 412 F.3d 1273 (Fed. Cir. 2005). · cites it 2× “In 5 C.F.R. § 1208.4 , the board determined that “(a) Appeal.”

Terry S. Metzenbaum v. Dep't of Just., 240 F.3d 1068 (Fed. Cir. 2001). “4, 2000) (to be codified at 5 C.F.R. § 1208.4 ). These regulations make clear that placing USERRA claims within the Board’s appellate jurisdiction was not inadvertent.”

Kirkendall v. Dept. Of the Army, 479 F.3d 830 (Fed. Cir. 2005). · cites it 2× “Second, the board itself understood that USERRA claims are “appeals” within the meaning of section 7701 and has promulgated numerous regulations memorializing this understanding.”

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