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Case: 26-1448 Document: 17 Page: 1 Filed: 10/29/2026 NOTE: This order is nonprecedential.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