Title 38 Employees with the US Department of Veterans Affairs
As Title 38 employees of the US Department of Veterans Affairs (VA), physicians, physicians assistants, dentists, podiatrists, optometrists, nurses (including CRNAs), and other medical professionals do not have the same appellate rights available to challenge disciplinary actions taken against them for alleged misconduct and/or performance concerns. While most federal employees have the right to challenge serious disciplinary adverse actions through the Merit Systems Protection Board (MSPB), Title 38 employees have very specific, administrative appeal rights to challenge such actions through the VA’s Disciplinary Appeal Board (DAB) process. Not only do these DAB proceedings determine whether or not future employment at the VA is possible, the ramifications of these decisions can be felt outside of the VA, given that these decisions are, as a matter of VA policy, automatically reported to professional databases and state licensing boards. With the passage of the VA Accountability Act (VAAA) on March 16, 2017, the need for Title 38 employees to have strong and competent representation in all aspects of their employment is no, more than ever, critically felt.
For over 30 years, Minahan Muther Klinger, PC, has been successfully helping Title 38 employees navigate both the Administrative Investigation Board (AIB) and the DAB process. If you are a Title 38 employee working for the VA or other federal Agency and are facing the possibility of disciplinary action, call (303) 986-0054 or submit an online inquiry to set up a free consultation.
Are you represented by a Union at the facility where you work? If so, make sure to tell us since special union rates apply with some participating Union locals.