Thomas v. DVA
CourtCourt of Appeals for the Federal Circuit
Date FiledOctober 29, 2026
Docket26-1448
StatusUnpublished
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Full Opinion
Case: 26-1448 Document: 17 Page: 1 Filed: 10/29/2026
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JEROSE THOMAS,
Petitioner
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent
______________________
2026-1448
______________________
Petition for review of the Merit Systems Protection
Board in No. AT-1221-23-0498-W-2.
______________________
ON MOTION
______________________
Before CHEN, LINN, and CUNNINGHAM, Circuit Judges.
LINN, Circuit Judge.
ORDER
The Department of Veterans Affairs (“VA”) moves un-
opposed to waive Federal Circuit Rule 27(f) and remand to
the Merit Systems Protection Board to clarify its decision.
In particular, the VA seeks: (1) clarification as to which
specific protected disclosures and/or activities were found
protected for purposes of 5 U.S.C. § 2302(b)(8), (9), and how
Case: 26-1448 Document: 17 Page: 2 Filed: 10/29/2026
2 THOMAS v. DVA
each fits within the Board’s analysis under the factors set
forth in Carr v. Social Security Administration, 185 F.3d
1318, 1323 (Fed. Cir. 1999); (2) to have the Board articulate
whether any of the alleged personnel actions fall within the
categories set forth in 5 U.S.C. § 2302(a)(2)(A); and (3)
“clarification of language in the initial decision pertaining
to the strength of the evidence supporting the agency’s per-
sonnel actions under the first Carr factor.” ECF No. 16 at
6–7.
Without drawing any conclusions regarding the merits
of the parties’ arguments, the court agrees that remand is
appropriate to conserve court and party resources.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The case is remanded for
further proceedings consistent with this order and the mo-
tion.
(2) Each party shall bear its own costs.
FOR THE COURT
October 29, 2026
Date
ISSUED AS A MANDATE: October 29, 2026