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Appeals for Title 38 VA Employees

Appeals for Title 38 VA Employees

Statutes Under Which the Veterans Administration Hires Employees

The statutes which authorize the United States Federal Government to hire workers directly outline the rights and protections of individual Veterans Administration (VA) employees.

There are four primary statutes under which the Veterans Administration hires workers:

  • Title V of the United States Code
  • Title 38 Section 7401 of the United States Code
  • Title 38 Section 7401 - Hybrid
  • Title 38 Section 7801 - Veterans Canteen Employees

Impact of Related Statutes on VA Employees’ Rights & Protections

Most non-VA federal workers are hired under Title V of the U.S. Code. As a result, they carry a number of important rights, such as the right to appeal to the Merits System Protection Board (MSPB) in the event of a demotion, termination, pay decrease, or suspension of 15 days or more. VA employees such as clerks, office staff, and other non-medical workers are usually Title V employees. VA medical workers, however, are hired under Title 38, which gives them different rights and means of recourse when seeking to settle matters of demotion, termination, suspension, etc.

Given the changes made under the VA Accountability Act, it can be very challenging to overcome the heavy burdens of proof that may be necessary for certain employees to disprove charges during MSPB proceedings. However, Disciplinary Appeals Board (DAB) hearings may be a valuable means of recourse for VA employees of any category seeking to overcome false accusations.

Pines Federal Represents VA Employees

At Pines Federal, we recently represented a VA doctor who had been removed from her position due to allegations of mistreatment of a veteran patient. If she had been a Title V employee rather than a Title 38 employee, she would have had the opportunity to appeal to the MSPB. However, under Title 38, she could have only done so if she initiated a Whistleblower case.

This doctor still had the right to appeal her termination through the DAB, which Title V employees may not do. The DAB was made up of 3 of the doctor’s peers from other VA facilities, which played in our client’s favor. In this and other such cases, our national federal employment lawyers have found that the DAB provides VA employees with a much fairer way of resolving such conflicts, due to the fact that the review is conducted by professional peers, rather than a MSPB judge who does not have the time to give every case the attention it deserves.

Over the years, we have successfully pursued many DAB appeals on behalf of our clients. If you are a VA employee seeking to appeal action by your employer, we may be able to help.

Call (888) 898-9902 today to speak to a federal employment law attorney and schedule your consultation.

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