United States Federal Circuit

In this action brought by plaintiff-commander against the United States Navy, alleging wrongful denial of a promotion and an unduly low disability rating of her post-traumatic stress disorder (PTSD), dismissal of plaintiff's complaint is: 1) affirmed with respect to the PTSD claims, where none of the evidence indicates that the PTSD condition was unfitting at the time she was placed on the Temporary Disability Retired List (TDRL), and is therefore not compensable under the Dep't of Navy, Sec'y of the Navy Instr. 1850.4E section 3801(b); and 2) vacated and remanded for dismissal, where all other claims were time barred because the Servicemembers Civil Relief Act did not toll the six-year statute of limitations for the four years and five months that plaintiff was on the TDRL.

Appellate Information

• Decided 08/28/2014
• Published 08/28/2014

Judges

• Taranto

Court

• United States Federal Circuit

Counsel