Merit Systems Protection Board judgment affirming a denial of plaintiff's application for disability retirement is vacated and remanded where the Board erred in adopting a categorical rule barring consideration of post-retirement evidence.
Petition for review of the Merit Systems Protection Board.
Decided July 15, 2009
Before MICHEL, Chief Judge, DYK and MOORE, Circuit Judges.
Opinion by DYK, Circuit Judge.
For Respondent: Michael J. Dierberg, United States Department of Justice.