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Lapuh v. Merit Systems Protection Board

Merit Systems Protection Board's dismissal of plaintiff's appeal of nonselection for position in USPS affirmed; Board's jurisdiction under Veterans Employment Opportunity Act did not extend to events that occurred before effective date of Act because Congress did not intend Act to have retroactive effect.

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Appealed from: Merit Systems Protection Board

DaleLyn Lapuh seeks review of the final decision of the Merit Systems Protection Board (“Board”) dismissing her appeal of her nonselection for a position in the U.S. Postal Service (“agency”) for lack of jurisdiction. Lapuh v. Merit Sys. Prot. Bd., No. SF3443010365- I-1 (May 31, 2001). The Veterans Employment Opportunity Act of 1998 (“Act”), Pub. L. No. 105-339, 112 Stat. 3182 (1998), grants the Board jurisdiction to hear appeals by individuals who are preference eligible and who assert that an agency has violated their rights under any statute or regulation relating to veterans’ preference. 5 U.S.C. � 3330a(d)(1) (2000). In this case, Ms. Lapuh contends that she was denied her veterans’ preference rights in 1994, and that such denial resulted in her not being hired by the agency in 1994. The Board decided that its jurisdiction under the Act does not extend to events that occurred before October 31, 1998, the effective date of the Act. Consequently, the Board dismissed Ms. Lapuh’s appeal for lack of jurisdiction. For the reasons that follow, we affirm the Board’s final decision.

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