5 C.F.R. § 339.306

Processing medical eligibility determinations

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(a) In accordance with the provisions of this part, agencies are authorized to medically disqualify a nonpreference eligible. A nonpreference eligible so disqualified has a right to a higher level review of the determination within the agency.

(b) OPM must approve the sufficiency of the agency's reasons to:

(1) Medically disqualify or pass over a preference eligible in order to select a nonpreference eligible for:

(i) A competitive service position under part 332 of this chapter; or

(ii) An excepted service position in the executive branch subject to title 5, U.S. Code;

(2) Medically disqualify or pass over a 30 percent or more compensably disabled veteran for a position in the U.S. Postal Service in favor of a nonpreference eligible;

(3) Medically disqualify a 30 percent or more compensably disabled veteran for assignment to another position in a reduction in force under § 351.702(d) of this chapter; or

(4) Medically disqualify a 30 percent or more disabled veteran for noncompetitive appointment, for example, under § 316.302(b)(4) of this chapter.

Notes of Decisions

Cited in 1 case, 2011–2011 · leading case: Rosado v. Merit Sys. Prot. Bd., 437 F. App'x 891 (Fed. Cir. 2011).

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Rosado v. Merit Sys. Prot. Bd., 437 F. App'x 891 (Fed. Cir. 2011). “See 5 C.F.R. § 339.306 (b)(2). Mr. Linares Rosado was told that he could submit any relevant information to OPM within 15 days.”

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