Johnson v. United States
15-959
| Fed. Cl. | Oct 27, 2016Background
- Carey L. Johnson, a Marine Corps veteran, served June 1995–December 1997; an informal PEB in November 1997 found him unfit with a 10% disability for back pain and he accepted separation with severance pay.
- In 2011–2012 Johnson obtained medical opinions and VA documents asserting he had bipolar disorder in service.
- Johnson applied to the BCNR in February 2014 seeking correction of records, medical retirement for bipolar disorder (100% rating), removal of punishments, reinstatement to E-3, and back pay; BCNR denied the petition in July 2015 and after reconsideration again denied it in January 2016.
- Johnson filed suit in the Court of Federal Claims (August 31, 2015) seeking correction, retroactive disability retirement and back pay; Government moved to dismiss for lack of jurisdiction under 28 U.S.C. § 2501 (six-year statute of limitations) or alternatively for judgment on the administrative record.
- The court treated accrual for disability-retirement claims as when the first statutorily authorized board (the PEB) heard or refused the claim and accrual for back pay as at discharge; the court concluded both causes of action accrued in 1997 and were time-barred by 2003.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court has jurisdiction over Johnson's military disability-retirement claim | Johnson contends his 2011 medical opinion and later VA findings establish entitlement to retroactive medical retirement and thus jurisdiction | Gov't argues the claim accrued when the PEB heard/refused it in 1997 and the six-year limitations period expired in 2003, divesting the Court of jurisdiction | Dismissed for lack of jurisdiction; claim accrued at the 1997 PEB and is time-barred under 28 U.S.C. § 2501 |
| Whether the Court has jurisdiction over Johnson's back-pay claim | Johnson seeks back pay tied to reinstatement and retroactive retirement | Gov't argues back-pay claim accrued at the 1997 discharge and the six-year limitations period expired in 2003 | Dismissed for lack of jurisdiction; back-pay claim accrued at discharge in 1997 and is time-barred |
| Whether non-monetary relief (record correction, removal of punishments, reinstatement) can be granted absent a monetary judgment | Johnson seeks these remedies independently or as part of his overall request | Gov't argues such equitable relief is available only incident to and collateral to a monetary judgment | Denied: court may grant non-monetary relief only as incident to a monetary judgment, and because monetary claims are time-barred the court lacks authority to grant those remedies |
| Whether later VA decisions or equitable considerations revive the time-barred claims | Johnson sought to supplement the record with 2016 VA/Board of Veterans' Appeals findings showing in-service bipolar disorder | Gov't opposed as irrelevant to accrual; court noted the statute is absolute and not subject to equitable tolling | Denied/moot: later VA findings do not change accrual date; statute of limitations is not equitably tolled and case is dismissed |
Key Cases Cited
- Fisher v. United States, 402 F.3d 1167 (Fed. Cir.) (describing Tucker Act jurisdictional scope)
- Real v. United States, 906 F.2d 1557 (Fed. Cir.) (rule that claim accrues when first statutorily authorized board hears or refuses to hear the claim)
- Chambers v. United States, 417 F.3d 1218 (Fed. Cir.) (rejecting accrual at date of learning of condition after discharge)
- Martinez v. United States, 333 F.3d 1295 (Fed. Cir.) (back-pay claim accrues at discharge)
- John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (Sup. Ct.) (limitations in Court of Federal Claims are absolute and not subject to equitable tolling)