Whether the 15-day appeal period under VEOA is mandatory or allows procedural flexibility for veterans to file appeals with the MSPB after the specified timeframe

question presented is whether Congress intended for VEOA, 5 U.S.C. 3330a(d)(1)(B) “except that in no event, may any such appeal be brought— later than 15 days after the date on which the complainant receives written notification” to mean that the time period is not mandatory and veterans are authorized a procedural right to file an appeal after 15 days with the MSPB after receiving written decision from the Secretary of Labor. ii , STATEMENT OF RELATED PROCEDING This case is related to the following proceedings in the United States Court of appeal Federal Circuit , U.S. Court of Appeals for the Federal ; Circuit in Kirkendall v. Dept. of Army, 479 F.3d (Fed. Cir. 2007) (reversed and remand the case) U.S. Court of Appeals for the Federal Circuit in Walls v. Merit Systems Protection Board, 29 F.8d (Fed. Cir. 1994) (reversed and remand the case)