7 F.4th 1376
Fed. Cir.2021Background
- Lewis B. Jones served in the Air Force (1981–1988); suffered an in-service eye injury in 1982 that caused chronic headaches and functional impairment.
- In Oct–Dec 1988, an MEB/PEB found him unfit and the PEB recommended discharge with severance pay and a 10% disability rating; he was discharged Dec. 29, 1988.
- Over many years the VA issued various ratings; effective Dec. 8, 2017, the VA awarded Jones a 100% disability rating.
- After the 2017 rating Jones petitioned the Air Force Board for Correction of Military Records (AFBCMR) in Feb. 2018 seeking retroactive disability retirement back to 1988; AFBCMR denied the petition in Jan. 2020.
- Jones sued in the Court of Federal Claims in Apr. 2020 (amended July 2020). The CFC dismissed for lack of jurisdiction, holding Jones’s Tucker Act claim accrued at his 1988 discharge and was barred by the six‑year limitations period in 28 U.S.C. § 2501. The Federal Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accrual date for Tucker Act claim | Jones: claim for disability retirement did not accrue until later diagnoses (TBI/PTSD) in 2017 | Gov: claim accrued at the 1988 discharge/PEB decision because Jones knew of his injury and functional limits then | Accrued at discharge (1988); claim barred by § 2501 |
| Accrual‑suspension (inherently unknowable) | Jones: underlying disabilities (TBI/PTSD) were unknowable in 1988, so accrual should be suspended until diagnosis | Gov: Jones knew his symptoms were disabling in 1988; suspension rule inapplicable | Suspension not available; accrual not tolled |
| Effect of AFBCMR petition on limitations | Jones: AFBCMR action (2018) should toll or create a new accrual date | Gov: A corrections‑board petition does not toll or restart the six‑year period; the first authorized board decision controls | AFBCMR petition does not toll or restart limitations (limitations ran from 1988) |
Key Cases Cited
- John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (U.S. 2008) (§ 2501 six‑year filing rule for claims against the United States)
- Martinez v. United States, 333 F.3d 1295 (Fed. Cir. 2003) (accrual occurs when all events fixing government liability have occurred; strict accrual‑suspension test)
- Real v. United States, 906 F.2d 1557 (Fed. Cir. 1990) (disability‑retirement claims accrue when the first statutorily authorized board hears or refuses to hear the claim)
- Chambers v. United States, 417 F.3d 1218 (Fed. Cir. 2005) (PEB decisions trigger accrual for limitations purposes)
- Welcker v. United States, 752 F.2d 1577 (Fed. Cir. 1985) (accrual‑suspension rule standards: concealment or inherently unknowable injury)
- Young v. United States, 529 F.3d 1380 (Fed. Cir. 2008) (plaintiff’s knowledge of facts determines accrual date)
- Friedman v. United States, 310 F.2d 381 (Ct. Cl. 1962) (historical rule that board denial/refusal triggers limitations)
- United States v. Kubrick, 444 U.S. 111 (U.S. 1979) (knowledge‑based accrual principles applied to government claims)