No. 22-259

Lewis B. Jones v. United States

Lower Court: Federal Circuit
Docketed: 2022-09-19
Status: Denied
Type: Paid
Experienced Counsel
Tags: armed-forces claim-accrual disability-rating medical-technology military-service retirement-pay statute-of-limitations tucker-act veterans-benefits
Latest Conference: 2023-01-06
Question Presented (from Petition)

1. Whether a cause of action for retirement pay can accrue and for the statute of limitations to run before a service member receives a disability rating of at least 30 percent, as the Federal Circuit held, or whether such a cause of action may instead be brought after the service member is denied retirement pay after attaining the requisite 30 percent disability rating.

2. Whether the Federal Circuit erred in holding that the "accrual suspension rule" —i.e., the principle that the accrual of a cause of action against the United States is suspended during the period of time that the nature of the injury is inherently unknowable —is categorically inapplicable to veterans' injuries that were previously unknowable due to insufficient medical knowledge or technology, or to injuries that were otherwise undiagnosable at the time of a service member's discharge from the Armed Services.

Question Presented (AI Summary)

Whether a cause of action for retirement pay can accrue and for the statute of limitations to run before a service member receives a disability rating of at least 30 percent

Docket Entries

2023-01-09
Petition DENIED.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-20
2022-12-07
Brief of respondent United States in opposition filed.
2022-11-08
Motion to extend the time to file a response is granted and the time is further extended to and including December 7, 2022.
2022-11-07
Motion to extend the time to file a response from November 18, 2022 to December 7, 2022, submitted to The Clerk.
2022-10-06
Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2022.
2022-10-05
Motion to extend the time to file a response from October 19, 2022 to November 18, 2022, submitted to The Clerk.
2022-09-15

Attorneys

Lewis Jones
Jonathan Alan HerstoffHaug Partners LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent