Jones v. United States

 
DOCKET NO.
OP. BELOW
SUBJECT
Veterans

Question(s) Presented

1. “Whether a cause of action for retirement pay can accrue and for the statute of limitations to run before a service member receives a disability rating of at least 30 percent, as the Federal Circuit held, or whether such a cause of action may instead be brought after the service member is denied retirement pay after attaining the requisite 30 percent disability rating.”

2. “Whether the Federal Circuit erred in holding that the ‘accrual suspension rule’—i.e., the principle that the accrual of a cause of action against the United States is suspended during the period of time that the nature of the injury is inherently unknowable—is categorically inapplicable to veterans’ injuries that were previously unknowable due to insufficient medical knowledge or technology, or to injuries that were otherwise undiagnosable at the time of a service member’s discharge from the Armed Services.”

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