APPENDIX B

FY 15 FY 16 FY 17 FY 18 FY 191

VA Appeals Decided2 755 962 896 1080 403

VA Appeals Dismissed3 487 548 577 632 258

FY 15 FY 16 FY 17 FY 18 FY 19

VA IRAs Decided 110 178 181 179 86

VA OAAs with Whistleblowing Claims Decided 61 57 62 77 40

VA IRA APPEAL OUTCOMES FY 15 FY 16 FY 17 FY 18 FY 19

VA IRAs-Dismissed Without Prejudice4 19 40 39 38 20

VA IRAs-Settled5 23 39 36 16 14

VA IRAs-Withdrawn 10 7 14 7 6

VA IRAs-Dismissed, Failure to Exhaust6 4 16 19 31 9

VA IRAs-Dismissed, Other 36 42 49 44 25

VA IRAs-Adjudicated on the Merits 18 34 27 40 12

VA IRA CLAIM OUTCOMES7 FY 15 FY 16 FY 17 FY 18 FY 19

Corrective Action Ordered 3 7 3 2 0

Corrective Action Not Ordered 15 27 24 38 12

 1 All data reported for FY 2019 reflects appeals closed during the first half of FY 2019, i.e., between October 1, 2018, and March 31, 2019. 2 Appeals Decided is the number of appeals closed by MSPB’s regional and field offices involving the VA as reported in MSPB’s Annual Reports. 3 Appeals Dismissed is the number of appeals dismissed, of those decided, as reported in MSPB’s Annual Reports, i.e., in MSPB’s Annual Reports, the number 

of appeals Decided is then broken into appeals Dismissed or Not Dismissed.

4 Dismissal without prejudice is a procedural option that allows for the dismissal and subsequent refiling of an appeal. 5 Cases are settled at the discretion of both parties. Settlement agreements consist of terms acceptable to both parties; thus, the agreement resolves the dispute in 

a way that both parties achieve some positive result.

6 If an IRA appeal is dismissed for “failure to exhaust,” i.e., because the appellant failed to first seek corrective action from OSC, the appellant can file a new 

IRA appeal after fulfilling the administrative exhaustion requirement.

7 References data regarding outcomes of the IRA appeals that were adjudicated on the merits.
2

VA OAA APPEAL OUTCOMES FY 15 FY 16 FY 17 FY 18 FY 19

VA OAAs-Dismissed Without Prejudice 4 2 6 8 2

VA OAAs-Settled 12 13 12 14 3

VA OAAs-Withdrawn 8 5 5 5 2

VA OAAs-Dismissed, Other 29 22 22 22 14

VA OAAs-Adjudicated on the Merits 8 15 17 28 19

VA OAA CLAIM OUTCOMES8 FY 15 FY 16 FY 17 FY 18 FY 19

Corrective Action Ordered 0 3 0 3 0

Corrective Action Not Ordered9 8 12 17 25 19

VA-RELATED OSC STAYS FY 15 FY 16 FY 17 FY 18 FY 19

Initial Stay Requests10 1 1 2 1 1

Initial Stays Granted by MSPB 1 1 111 1 1

 8 References data regarding outcomes of the OAA appeals that were adjudicated on the merits.

9 The outcome of an OAA appeal is not necessarily synonymous with the outcome of a reprisal claim; therefore, the fact that corrective action is not ordered in an 

OAA appeal does not necessarily mean that the appellant obtained no relief. For example, in a removal appeal in which the appellant alleges reprisal, the Board 

could reverse the removal action because the agency failed to prove that the appellant committed the charged misconduct, or it could mitigate the removal 

penalty, while also finding that the appellant failed to establish reprisal.

10 References data on initial stay requests by OSC and does not include data regarding any subsequently filed requests by OSC for extension of an initial stay. 11 In Fiscal Year 2017, an OSC initial request for stay was denied without prejudice to filing a request for an extension of a previously granted stay involving the 

same individual.