United States Federal Circuit

In a military disability retirement case, dismissal of plaintiff's complaint, seeking a higher disability rating, is reversed and remanded to determine whether plaintiff waived judicial review of his claim when he voluntarily accepted the finding of a Physical Evaluation Board.

Appellate Information

• Decided 03/31/2005
• Published 03/31/2005

Judges

• PLAGER, Senior Circuit Judge., Before MICHEL, Chief Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Charles Van Cleave, of Poulsbo, Washington, pro se.


• For Appellees:
  
• Domenique Kirchner, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Brian M. Simken, Assistant Director.