2021 Update
The suit alleges that the Navy failed to provide ratings for Category II disability conditions resulting in the improper denial of medical retirement to thousands of Navy and Marine Corps service-members. The government filed an answer on February 9, 2021, in which they conceded that they did not rate Category II conditions. At that time, the name of the case changed to Springs v. Harker, to reflect a new Acting Secretary of the Navy. The government filed the amended administrative record on May 27, 2021. On June 15, 2021, NVLSP and co-counsel filed a motion for class certification. NVLSP expects a full briefing on the motion for class certification in the coming months. Following a decision on that motion, they anticipate cross motions for summary judgment.
2022 Update
On March 11, 2022, the United States District Court for the District of Columbia granted the plaintiffs’ motion for class certification. Briefing on cross motions for summary judgment is currently underway.
Click here to see the original grant, including the six-month and year-end reports.