For this reason and based on their statement they were unfamiliar with the specific work factors that existed prior to the appellant s removal, they did not provide evidence showing the appellant was unable to perform useful and efficient service in his position prior to his removal. Although Dr. Luck did examine the appellant before his removal, the persuasiveness of his opinion is limited due to his failure to assert the appellant is unable to perform specific job duties of his position. Although Dr. Luck stated the appellant should not carry a gun, the agency permitted the appellant to qualify for and carry a gun until it advised him of the misconduct allegations that ultimately led to his removal. I therefore find that Dr. Luck s report does not establish the appellant became disabled, because of disease or injury, from performing useful and efficient service. The appellant s own testimony, supported by Ms. Toman and Mr. Albert, reflects the appellant became upset and angry regarding his perceived mistreatment by the agency and, in particular, his failure to receive a promotion.
Many employees are upset at perceived mistreatment by management.
Such circumstances, in the absence of evidence that a disease caused the appellant s inability to perform useful and efficient service in his position, does not constitute a basis for finding disability retirement. Moreover, the agency rated the appellant s performance acceptable prior to the time allegations of the appellant s misconduct first surfaced, and the appellant s former supervisor, Mr. Ontko, stated the appellant s misconduct, rather than his emotional state, was the primary reason the appellant was unable to perform the duties of his position. For all these reasons and based on a lack of persuasive medical evidence supporting the appellant s claim, I find the appellant has not shown he was disabled, because of disease or injury, from performing useful and efficient service. He is therefore not entitled to a disability retirement. Initial Decision at 4.