Justia U.S. Federal Circuit Court of Appeals Opinion Summaries

Plaintiff, a mail processing clerk, was injured on-duty in 2005 and received workers' compensation. She partially recovered and, in 2008, the Postal Service provided a modified light duty assignment. In June 2010, pursuant to the National Reassessment Process, the Postal Service informed plaintiff that work within her medical restrictions was no longer available in her commuting area. The Merit Systems Protection Board dismissed her claim under 5 C.F.R. 353.304(c)) of wrongful denial of restoration following partial recovery from a compensable injury. The Federal Circuit affirmed. The Board applied the correct standard in determining its jurisdiction, and its factual determinations were supported by substantial evidence. Plaintiff did not identify any vacant position available within her commuting area that she was able to perform. Plaintiff did not make a non-frivolous allegation that the Service acted arbitrarily in not restoring her, even after the Board ordered her make such a showing and afforded her time to do so.

A veteran of the Vietnam War, who suffers from post-traumatic stress disorder and schizophrenia, applied for disability benefits in 1981 but his claim was rejected. Years later, the Veterans Court concluded that he was entitled to benefits stemming from the initial claim. The veteran challenged the procedures of the Board of Veterans Appeals in retrospectively assessing his level of disability during the years 1980 to 2007. The Federal Circuit upheld the determination, stating that the legal process was sufficient to satisfy Fifth Amendment rights. The veteran has had his day in court concerning the staged rating assessment, which included a total disability period exceeding five years and reduction of the rating during subsequent periods.

The petitioner joined the Air Force in 1979 and, after being denied promotion twice, was discharged from active duty in 1989. The Deputy for Air Force Review Boards eventually agreed to void a substandard officer effectiveness report in her record. After the petitioner's separation from active service, the Special Selection Board reconsidered the record and did not recommend promotion. After several requests, the Air Force reinstated the petitioner to active duty in 1995 and promoted her to major, with a date of rank of 1988. After again being denied promotion twice, she applied for direct promotion in 2002, arguing that one of her evaluations was prepared by an officer she had reported for misconduct and that the break in service deprived her of an opportunity to develop a record to support promotion. Relief was denied. The petitioner was involuntarily retired in 2003. The Court of Claims rejected her suit. The Federal Circuit affirmed, stating that the Corrections Board thoroughly reviewed the claims and that the decision was not arbitrary.