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Court of Claims· 6/21/1991

Kirwin v. United States

Citations

  • 23 Cl. Ct. 497
  • 1991 U.S. Claims LEXIS 255
  • 1991 WL 110912

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiff’s temporary disability between 1982–83 “is irrelevant to the question of … fitness for duty at the time of discharge in 1978”
  • noting that the standard of review of a correction board’s decision “does not require a reweighing of the evidence”
  • “[Tjhat the VA retroactively applied plaintiffs 100% disability rating only to 1982, and not 1978, gives some indication that plaintiff was not suffering from PTSD at the time of his discharge.”
  • “For purposes of this paragraph, an officer will be considered to have been the subject of elimination proceedings only if allegations against the officer were acted on by a Board of Inquiry convened under this chapter.

Source: CourtListener parenthetical corpus (CC0).

Judges: Lydon

Read full opinion on CourtListener

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

40 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.