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Home / Opinion Digests / Administrative – Army – Medical Retirement – Pre-existing Condition – Jurisdiction (access required)

Administrative – Army – Medical Retirement – Pre-existing Condition – Jurisdiction (access required)

A determination by the Army Discharge Review Board that plaintiff’s physical disability prompting his discharge from service was “Existing Prior to Service,” so that he was discharged without pay, is not a final agency decision that allows for judicial review under the APA, and an Alexandria U.S. District Court dismisses plaintiff’s challenge to the classification ...