Appeals Court Upholds VA Firing

By Walter F. Roche Jr.
A federal appeals court today affirmed the termination of a key Veterans Administration official implicated in the widespread delay Phoenix area veterans faced in getting needed medical appointments.
In a 30-page decision the Court of Appeals for the Federal Circuit upheld the firing of Lance Robinson who was associate director of the Phoenix Veterans Administration Health Care System.
The three judge panel concluded the Merit Systems Protection Board did not abuse its discretion in upholding Robinson's 2016 termination.
Robinson's duties included oversight of the unit scheduling veterans' medical appointments
His termination came after the Phoenix VA came under congressional scrutiny following the disclosure that 40 veterans had died while on secret waiting lists.
"During his tenure Mr. Robinson was aware that scheduling systems were a problem, including that it often took more than 30 days for patients to get new medical appointments," the ruling states.
As the decision states, Robinson was placed on administrative leave in 2014 and returned to duty in 2016.
He was terminated June 7, 2016 on charges that he negligently performed his duties and failed to provide accurate information to his supervisors.
"In short the answer is yes," the court concluded as to the question of whether Robinson was negligent.
Citing his "hands-off" approach to management, the ruling states, "Substantial evidence support a finding that Mr. Robinson knew or should have known of his subordinates failure" to meet scheduling requirements.
"Substantial evidence shows Mr. Robinson had actual knowledge of the Phoenix VA's scheduling problem," the ruling states.
The panel also dismissed Robinson's claim that the punishment, his termination, was too severe.