1. Whether the Federal Circuit erred by reviewing a Merit System Protection Board Administrative Judge's decision that a medical note provided after the discipline was proposed on a substantial evidence instead of de novo standard and thus affirming the decision rather than remanding for consideration under the de novo standard.

2. Whether the provision of administratively acceptable evidence of incapacitation after a decision is made on a charge of absence without leave precludes the Merit Systems Protection Board from sustaining the charge of absence without leave.

Whether the Federal Circuit erred by reviewing a Merit System Protection Board Administrative Judge's decision that a medical note provided after the disciple was proposed on a substantial evidence instead of de novo standard and thus affirming the decision rather than remanding for consideration under the de novo standard