| Read Time: 2 minutes | Title 38

Title 38 federal employees have different rights than other federal employees. Those employed by the Veterans Administration as a physician, dentist, podiatrist, optometrist, nurse, nurse anesthetist, physician assistant, or an expanded function dental auxiliary (EFDA) are likely under Title 38.

Since Title 38 federal employees are not under the same rights as federal employees, they generally cannot appeal personnel actions to the Merit Systems Protection Board (MSPB). Therefore, personnel actions are taken to the Title 38 Disciplinary Appeals Board.

Title 38 Disciplinary Appeals Board

When a Title 38 VA employee faces personnel or disciplinary issues, they are escalated to the Disciplinary Appeals Board for more discretion when facing adverse employment actions. A Disciplinary Appeals Board is part of the Title 38 remedial process used for appealing disciplinary issues to the:

  • Medical Center Director
  • United States Court of Appeals for the Federal Circuit for major adverse actions involving a question of professional competency or conduct

The Disciplinary Appeals Board is also for appeals of other adverse actions through various administrative procedures provided by regulation or to appeal personnel actions through a Title 5 collective bargaining agreement.

What Should I Do If I’m a Title 38 Employee Who’s Being Treated Unfairly at Work?

Title 38 has complex regulations, rules, and policies, which can be confusing. From contesting an adverse personnel action to applying for medical staff reappointment, effectively asserting your rights under Title 38 can require a detailed understanding of the law. Therefore, if you are being treated unfairly as a Title 38 employee, you need an experienced attorney on your side.

Our team at Pines Federal has the knowledge, skills, and experience needed to help you obtain your desired case results and solve Title 38 related issues. If you want to file an appeal, our team is ready to assist you.

Contact our federal Title 38 attorneys today at (888) 898-9902 to schedule a consultation!

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Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative.

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