No. 20-784

Jeffry Schmidt v. Kenneth J. Braithwaite, Secretary of the Navy

Lower Court: District of Columbia
Docketed: 2020-12-08
Status: Denied
Type: Paid
Response Waived
Tags: administrative-review arbitrary-and-capricious arbitrary-capricious-standard disability-evaluation disability-ratings judicial-notice medical-evidence military-compensation military-disability new-and-material-evidence veterans-affairs veterans-disability
Key Terms:
AdministrativeLaw Environmental ERISA Securities Jurisdiction JusticiabilityDoctri
Latest Conference: 2021-01-22
Question Presented (AI Summary)

Did Federal Circuits refuse to recognize consistent disability ratings between the U.S. Military and Department of Veterans Affairs

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Did Federal Circuits, including the U.S. Court of Appeals for the District of Columbia Circuit, Refuse to Recognize that the U.S. Military and the Department of Veterans Affairs use the same disability evaluation systems for determining Veteran’s disability such that the same medical evidence should have consistent ratings between the two Agencies and that VA treatment shortly after discharge gives rise to whether all medical issues were properly addressed before the Military, denying Veterans of proper and well-deserved disability Military compensation. 2. Did the Board of Corrections for Naval Records fail to consider the discrepancy ratings between the military and the VA, and other new and material evidence violating the arbitrary and capricious standard.

Docket Entries

2021-01-25
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-30
Waiver of right of respondent James E. McPherson to respond filed.
2020-12-04
Petition for a writ of certiorari filed. (Response due January 7, 2021)

Attorneys

James E. McPherson
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent
Jeffry Schmidt
Michael D.J. EisenbergLaw Office of Michael D.J. Eisenberg, Attorney and, Petitioner
Michael D.J. EisenbergLaw Office of Michael D.J. Eisenberg, Attorney and, Petitioner