United States First Circuit
Roman-Cancel v. US, 09-2311
In a Vietnam veteran's suit against the government under the Federal Tort Claims Act (FTCA), arising from the VA's decision in 1975, lowering the plaintiff's disability rating to 70%, which was returned to 100% by the Board of Veterans Affairs in 2001 along with an award of retroactive benefits totaling $33,905.11, district court's dismissal of the FTCA claim is affirmed, but on alternative holdings where: 1) plaintiff's suit is untimely because under section 2401, plaintiff had six months within which to sue after the denial of the relevant administrative claim; and 2) plaintiff did not file either administrative claim with the VA within two years after his cause of action accrued.
Appellate Information
- Decided 07/22/2010
- Published 07/22/2010
Judges
Court
- United States First Circuit
Counsel
- For Appellant:
- Nicolás Nogueras Cartagena, Rosa Emilia Rodríguez-Vélez