Military Retirement, Life-long Medical Care Secured for Disabled Navy Vet

An Operations Specialist, Petty Officer Second Class in the U.S. Navy suffered from a mental disorder which was so severe, the Navy Physical Evaluation Board should have recommended her for a disability retirement. A VA examiner evaluated her and issued a rating decision that resulted in a 30% disability rating for the same mental disorder, which would have entitled her to a permanent disability retirement from the military with monthly disability retirement payments, medical care for life, and military commissary and exchange privileges.

The Navy did not apply the same criteria when evaluating the veteran, however, and only assigned a disability rating of 10%, which meant she only received a one-time severance payment, and would not receive any disability retirement compensation or medical insurance. Even though it was required by law to follow the same guidance as the VA for evaluating a mental disorder, the Navy had created its own internal standards that it used to evaluate the veteran's mental disorder that was contrary to the standards used by the VA and other service branches.   

The veteran submitted an application to the Physical Disability Board of Review (PDBR) for a review of the Navy's 10% disability rating determination. The PBDR recommended that the veteran's disability rating be increased to reflect the VA's 30% rating. Unfortunately for the veteran, the Assistant Secretary of the Navy rejected the PBDR's recommendation, and maintained her disability rating at 10%, which denied her a permanent disability retirement from the military.

Attorneys from Dechert LLP and NVLSP filed a lawsuit on behalf of the veteran in the U.S. Court of Federal Claims in May, 2014. Dechert and NVLSP attorneys argued that the Navy's decision to reject the recommendation from the PBDR was arbitrary, capricious, and not in accordance with law.