Cronin v. United States
2014 WL 4235317
Fed. Cir.2014Background
- Commander Cronin served on active Navy duty from 1977 until placement on the Temporary Disability Retired List (TDRL) in 1996, with evolving medical issues including a long-standing right-heel problem and later bipolar, PTSD, and chronic pain diagnoses.
- PROMOTION delay and initial disability determinations occurred in the 1990s, including a 1994 delayed promotion to Commander and a 1995-2000 evaluation period under the Disability Evaluation System (DES).
- In 2000, the Navy placed Cronin on the TDRL with a 60% disability rating and later permanently retired her after stabilization, while PTSD emerged as a potential contributing factor in her disability profile.
- Cronin filed suit in 2006 challenging the delayed promotion and disability ratings; the trial court held some claims timely but many were time-barred, remanding for PTSD reconsideration.
- On appeal, the Federal Circuit held that most non-PTSD claims were time-barred because the Servicemembers Civil Relief Act (Relief Act) tolling did not extend the statute of limitations for those periods, while PTSD claims had no timeliness issue but were upheld only on merits.
- The court remanded non-PTSD claims for dismissal for lack of jurisdiction and affirmed the PTSD-related merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Relief Act toll the statute of limitations for non-PTSD claims while Cronin was on the TDRL? | Cronin argued tolling applies during TDRL status, preserving timely claims. | Navy contends tolling does not cover time on the List for these claims. | Most non-PTSD claims untimely; Relief Act tolling does apply to the List only for PTSD-related issues? (non-PTSD claims dismissed for lack of jurisdiction) |
| Are Cronin's PTSD claims timely and, if so, meritorious on the merits? | PTSD claims were timely and could show entitlement to disability rating changes. | PTSD was not unfitting at the time of listing and was not compensable under DES § 3618 based on record. | PTSD claims timely and meritorious on the merits; Board’s denial supported by substantial evidence. |
| Did the Navy properly promote Cronin to Commander or was the 1994 delay unlawful? | Cronin argues automatic appointment on October 1, 1994; delay violated SECNAVINST 1420.1A and statute. | Promotion delay was properly based on fitness concerns and duly notice given. | Navy's promotion delay and eventual actions supported; not clearly erroneous. |
| Was Cronin’s right-heel and migraine disability rating properly evaluated under DES and VASRD standards? | Record evidence supported higher or compensable ratings. | Record supported Board determinations that conditions were not unfitting or not compensable. | DES determinations regarding migraines, right-heel, and chronic pain sustained; PTSD considerations separately treated. |
Key Cases Cited
- John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (2008) (jurisdictional nature of statute-of-limitations tolling)
- Cruz v. General Motors Corp., 308 F. Supp. 1052 (S.D.N.Y. 1970) (absent-from-duty interpretation under Relief Act predecessor)
- Mason v. Texaco Inc., 862 F.2d 242 (10th Cir. 1988) (tolling of limitations for List status under predecessor Act)
- Craft v. United States, 544 F.2d 468 (Ct.Cl. 1976) (treatment of Temporary Disability Retired List status as 'limbo' status)
- Dambrava v. Office of Personnel Mgmt., 466 F.3d 1061 (Fed.Cir. 2006) (List status akin to inactive duty; tolling considerations)
- Cortez v. United States, 854 F.2d 723 (5th Cir. 1988) (predecessor tolling considerations for List-like status)
- Dean v. United States, 92 Fed.Cl. 133 (2010) (analysis of Relief Act tolling with List status)
- Le Maistre v. Leffers, 333 U.S. 1 (1948) (liberal construction of servicemembers protections)
- Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 (2010) (policy on incorporating settled judicial interpretations into new statutes)