VA Job Seeker Loses MSPB Appeal: Jurisdiction Bar Blocks Nonselection Grievance
**MSPB Slams Door on VA Employee’s Failed Appeal**
Frank Sica, a federal worker passed over for a job at the Department of Veterans Affairs, saw his appeal crushed by the Merit Systems Protection Board on January 8, 2026. The board denied his petition for review, affirming an initial ruling that booted his case for lacking jurisdiction—meaning no dice on challenging his nonselection. This nonprecedential order underscores how tightly federal employment appeals are policed, offering zero traction for gripes over hiring snubs or prior EEO complaints.
Sica’s saga began when he contested not getting the VA gig, landing his appeal before an MSPB administrative judge who dismissed it outright over jurisdiction flaws. He petitioned for review, railing against the merits of the nonselection and venting frustration with agency handling and EEOC outcomes. But the board—led by Vice Chairman Henry J. Kerner and Member James J. Woodruff II—found no erroneous facts, legal misreads, procedural fouls, or fresh evidence under 5 C.F.R. § 1201.115. Sica loses big: the initial dismissal stands as final, with paths to Federal Circuit appeal or district court if discrimination angles apply.
In plain terms, this ruling means federal job seekers can’t waltz into MSPB without proving the board’s door is open—jurisdiction first, gripes second. Nonselection alone doesn’t cut it unless it ties to appealable actions like removals or demotions.
No seismic crypto ripples here—this is pure federal HR minutiae, miles from SEC battles, CFTC turf wars, or token classifications. Exchanges, DeFi protocols, and traders sleep easy; zero shifts in regulatory shadows or decentralization risks.
Jurisdiction gates stay locked—file smarter or fold early.
