MOGIL
v.
DVA
3
retrieved a hammer from the facility’s electrical shop, and smashed the light switch with the hammer, which perma-nently disabled the lighting in his office and disrupted the lighting in nearby rooms. J.A. 151, 253. Steve Challeen, Mr. Mogil’s second-level supervisor, proposed removing him pursuant to 38 U.S.C. § 714 for damaging government property. Mr. Mogil provided writ-ten and oral responses to Patrick Kelley, the Medical Di-rector of the Medical Center and deciding official, noting the steps he took to resolve the situation prior to destroying the light switch. He also stated that he regretted his ac-tions and apologized. The VA removed him for damaging government property.
Mr. Mogil appealed his removal to the Board. The ad-ministrative judge (“AJ”) issued an initial decision affirm-ing his removal. That decision became the final decision of the Board pursuant to 5 C.F.R. § 1201.113, and Mr. Mogil timely petitioned this court for review. We have jurisdic-tion pursuant to 5 U.S.C. § 7703(b)(1)(A) and 28 U.S.C. § 1295(a)(9). D
ISCUSSION
We must “review the record and hold unlawful and set aside any agency action, finding, or conclusion found to be (A) arbitrary, capricious, an abuse of discretion, or other-wise not in accordance with law; (B) obtained without pro-cedures required by law, rule, or regulation having been followed; or (C) unsupported by substantial evidence.” 38 U.S.C § 714(d)(5)(B);
id.
§ 7462(f)(2). Prior to the VA Accountability and Whistleblower Pro-tection Act of 2017 (the “Act”), employees of the VA were removed for misconduct pursuant to the procedures speci-fied in Chapter 75 of Title 5, which applies to federal em-ployees generally. This appeal raises questions about how the Act impacts such removals, specifically with regard to