“Whether the Board’s decision was not in accordance with the law when it determined that it lacked jurisdiction to hear Appellant’s appeal based on its conclusion that Appellant has not proved by preponderant evidence that he was an ’employee,’ entitled to notice and an opportunity to respond, because his position with the Department of Justice (DOJ) was not the ‘same or similar’ to his prior position with the U.S. Department of Agriculture (USDA), per 5 U.S.C.§ 7511(a)(1)(B)(i).”
