Lord v. United States

2 Cl. Ct. 749, 1983 U.S. Claims LEXIS 1705
CourtUnited States Court of Claims
DecidedJune 20, 1983
DocketNo. 50-80C
StatusPublished
Cited by17 cases

This text of 2 Cl. Ct. 749 (Lord v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lord v. United States, 2 Cl. Ct. 749, 1983 U.S. Claims LEXIS 1705 (cc 1983).

Opinion

[751]*751OPINION

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

WHITE, Senior Judge.

The present cross-motions for summary judgment relate to the request of the plaintiff — who was retroactively retired by the Navy for physical disability as of May 1, 1968 — that the court award him certain benefits in addition to the retired pay which the plaintiff has received for the period since May 1, 1968.

It is concluded that there is no genuine issue as to any material fact insofar as the issues now before the court are concerned, that the plaintiff has received all the benefits to which he is entitled under the law, that the defendant is entitled to a judgment as a matter of law, and that the complaint should be dismissed.

The Plaintiff’s Relevant Medical History

While serving on extended active duty with the Navy as a Lieutenant Commander, Medical Corps, Naval Reserves, the plaintiff sustained injuries on November 12, 1967, as the result of a fall from a horse, which he was riding at the Oceania Naval Base, Norfolk, Virginia. He was hospitalized at the Portsmouth Naval Hospital, but was released from the hospital on November 15, 1967, and returned to duty on November 17, 1967. The plaintiff later had a follow-up examination at the hospital, and was then discharged from hospital care on November 29,1967. The discharge summary stated in part as follows:

* * * Presently he [the plaintiff] is totally asymptomatic except for slight residual deep pain. It is felt at this time that he has recovered sufficiently for discharge and return to duty. * * *

The next month, in December 1967, the plaintiff experienced an acute urinary tract infection, and was evaluated and treated by the urology service at the Portsmouth Naval Hospital. During the examination of the plaintiff on that occasion, an intravenous pyelogram showed some blunting of the minor calyces of the right kidney.

Some months later, in April 1968, the plaintiff was admitted to the hospital again and underwent testicular biopsy and varico-celectomy as part of an evaluation of low sperm count. A small direct and indirect left ingynal hernia was also found and repaired. He was discharged from the hospital to duty on April 24, 1968.

The plaintiff was released from active duty, not by reason of physical disability, on April 30, 1968.

In April 1970, the plaintiff experienced another urinary tract infection, and he consulted a private urologist at that time.

Because of back pain and pain in the lower rib cage, the plaintiff consulted private physicians in October 1970.

Then, on March 6, 1971, the plaintiff underwent a laminectomy of the T-9 and T-10 vertebrae and a T-10 rhizotomy on the right side. In connection with that operation, bone fragments were found in the vicinity of T-10. Following the operation, the plaintiff suffered complications in the nature of kidney infection, blood clot in the veins of the right calf, and pulmonary embolism. The plaintiff was discharged from the hospital on March 19, 1971, in what the hospital authorities characterized as satisfactory condition.

After the operation referred to in the preceding paragraph, the plaintiff continued to experience urinary obstruction. On April 30, 1971, he underwent a meatotomy, transurethal prostatectomy, and bilateral vasectomy.

Attempts to Obtain Administrative Relief

On January 27, 1972, the plaintiff submitted to the Veterans Administration an application for disability benefits. Extensive proceedings were conducted in connection with the plaintiff’s application before the Veterans Administration Center in Philadelphia, Pennsylvania, and before the Board of Veterans Appeals in Washington, D.C. On February 6, 1974, the Veterans Administration retroactively awarded the plaintiff a 70 percent service-connected dis[752]*752ability rating as of January 27, 1972; and the Veterans Administration subsequently awarded the plaintiff a service-connected disability rating of 80 percent effective November 30, 1977.

The final rating decision of the Veterans Administration on the plaintiff’s case was dated May 17,1979, and it shows the following:

Anxiety neurosis with depressive features and paranoid tendencies
30% from 1-27-72
50% from 11-3-77
Residuals, fracture T10 with neuropathy, P.O., with laminectomy and deformity of 10th vertebra body, fibromyositis of pa-ravertebral muscles
30% from 1-27-72
Prostatectomy, neurogenic bladder, residuals of
20% from 1-27-72
Loss of erectile power
20% from 1-27-72
Right pyelonephritis with hydronephrosis
10% from 1-27-72
Scars, left herniorrhaphy and varicocelec-tomy
0% from 1-27-72
Service connected combined disability
70% from 1-27-72
80% from 11-30-77

On March 23, 1974, after the Veterans Administration on February 6,1974, awarded the plaintiff a 70 percent service-connected disability rating as of January 27, 1972, the plaintiff filed an application with the Board for Correction of Naval Records, asking that his record be corrected to show that he was retired from the Navy by reason of physical disability. On May 1, 1975, the Board denied the plaintiff’s application, and he was so advised by means of a letter dated May 14, 1975. On June 3, 1975, the plaintiff requested a rehearing on his application, and this request was denied on June 11, 1975. Subsequently, on December 8, 1975, the plaintiff submitted a request for reconsideration of his application, and this request was denied by the Board in a letter dated October 27, 1977.

Previous Court Proceedings

On January 30, 1980, the plaintiff filed a complaint (then denominated a petition) in this court’s predecessor, the U.S. Court of Claims. In the complaint, the plaintiff alleged (inter alia) that at the time when he was released from active duty by the Navy on April 30, 1968, he was physically unfit for active duty due to an undiagnosed and untreated urinary tract abnormality manifested by a chronic urinary tract infection, compression fractures of the T — 10 vertebra, and other ailments. The plaintiff asked the court to enter a judgment directing the Navy to place him in a disability retired status, to grant him disability retired pay commencing April 30, 1968, to award him the value of the commissary, exchange, medical, and theater privileges to which he would have been entitled if he had been placed in a disability retired status at the time of his release, to reimburse him for medical expenses which he was required to defray for himself and his family after he was released from active duty, to award him interest on the amounts due him, and to award him attorney’s fees and court costs.

Later in 1980, the parties filed cross-motions for summary judgment. Those cross-motions for summary judgment were denied by the Court of Claims in an order dated April 24, 1981.

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Cite This Page — Counsel Stack

Bluebook (online)
2 Cl. Ct. 749, 1983 U.S. Claims LEXIS 1705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lord-v-united-states-cc-1983.