Ramon J. and Sheila A. Jeanmarie - Page 6

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               Management to be unable, because of disease or injury,                 
               to render useful and efficient service in the                          
               employee’s position and is not qualified for                           
               reassignment, under procedures prescribed by the                       
               Office, to a vacant position which is in the agency at                 
               the same grade or level and in which the employee would                
               be able to render useful and efficient service.                        
          Under this provision, the nature or cause of the disability is              
          irrelevant, and all that is taken into account is the employee’s            
          ability to perform his or her job or a vacant position in his or            
          her agency at the same grade or level.  See also Haar v.                    
          Commissioner, supra at 866-867 (similarly discussing former 5               
          U.S.C. sec. 8331(6) (1976), repealed by the Omnibus                         
          Reconciliation Act of 1980, Pub. L. 96-499, sec. 403(b), 94 Stat.           
          2606, which defined disability as meaning totally disabled or               
          total disability for useful and efficient service in the grade or           
          class of position last occupied by the employee because of                  
          disease or injury).  Accordingly, in determining eligibility for            
          disability retirement and the amount of disability annuity                  
          payments under CSRS, no consideration is given to whether the               
          disease or injury arose from military service.  See id. at 867.             
               Accordingly, we conclude that section 104(a)(4) did not                
          entitle petitioner to exclude the disability payments he received           
          in 1999 because disability payments made under CSRS are not paid            
          for personal injuries or sickness incurred in military service.             
          Id.; see also Rutt-Hahn v. Commissioner, T.C. Memo. 1996-536                








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