Charges based on conduct or performance can be brought against a section 7401(1) VA employee by the Department of Veterans Affairs as an adverse personnel action. The temporary, probationary, or part time employee is not entitled to the same defensive procedures available to the fulltime 38 U.S.C. 7401(1) employee. Veterans Health Administration (VHA) appoints physicians, dentists, podiatrists, chiropractors, optometrists, RNs, PAs, and expanded-function dental auxiliaries for the health care of veterans under 38 U.S.C. 7401(1). This statutory designated employee has the right to reply to an adverse action based on conduct or performance, and the right to appeal the action. If the case involves a question of professional conduct or competence in which a major adverse action was taken, the appeal is made to a Disciplinary Appeals Board (DAB). If the penalty for the infraction includes suspension, transfer, reduction in grade, reduction in basic pay, or discharge, it is deemed a major action. In any case other than a case involving a question of professional conduct or competence in which a major adverse action was not taken, an appeal can be made through DVA grievance procedures or in any case where an employee is covered by a collective bargaining agreement, the employee may elect to proceed through the collective bargaining agreement or through the Department grievance procedures when covered by a collective bargaining agreement that does not include coverage for a...

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