Released 12/30/24 | Tags:
NVLSP Appeals Denial of Medical Retirement for Combat Veteran to Federal Circuit
FOR IMMEDIATE RELEASE: December 30, 2024
ARLINGTON, VA -- On December 6, 2024, the National Veterans Legal Services Program (NVLSP) filed a brief in the U.S. Court of Appeals for the Federal Circuit in Bee v. U.S., appealing the denial of medical retirement to Mr. William Bee. Latham & Watkins serves as co-counsel alongside NVLSP.
Mr. Bee served as an Infantry Marine, deploying to Afghanistan four times. During his final deployment in Afghanistan, a massive explosion caused a building to collapse on him and his unit. Two Marines under his command were killed and others were injured. Mr. Bee was knocked off his feet and rendered unconscious, leading to diagnoses of Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). He was awarded a Purple Heart for his sacrifice. He was unable to continue serving as an Infantry Marine, but, instead of being referred for disability processing, as required by law, he was shuffled to non-operational positions, first supervising a urinalysis program and then as an instructor for Navy chaplains and medics. Post-discharge, the VA awarded a 90% disability rating for his PTSD and TBI. Years later, Mr. Bee applied for retroactive medical retirement to the Board for Correction of Naval Records. A veteran who is medically retired is entitled to monthly retirement payments and military medical care (“Tricare”) for the veteran and the veteran’s spouse and dependent children. His application for medical retirement was denied by the Board, and this denial was affirmed by the Court of Federal Claims. The denial incorrectly upheld the Board’s decision finding Mr. Bee fit to perform his duties, even though his job was an Infantry Unit Leader, and his PTSD and TBI rendered him unable to perform combat tasks.
The appellate brief filed by NVLSP and Latham argues that the Board failed to give “liberal consideration” to Mr. Bee’s medical retirement request related to his service-connected PTSD and TBI. It further asserts that the Board failed to properly apply the fitness standard for an Infantry Marine, incorrectly disregarding that Mr. Bee could not perform the combat-related duties of his job.
"The court’s decision disregards the importance of readiness to perform combat tasks and unlawfully ignores the countless hours service members in combat jobs dedicate to combat training,” stated NVLSP Senior Managing Attorney Esther Leibfarth. “This ruling sets a dangerous precedent that undermines military readiness and fails to honor the full scope of service to our nation. And, detrimentally, if allowed to stand, service members—particularly those in combat jobs—will be denied the rights and benefits to which they are entitled."
The NVLSP includes Director of Lawyers Serving Warriors® Rochelle Bobroff, Senior Managing Attorney Esther Leibfarth, and Staff Attorney Matthew Handley.
The Latham team includes Darryl H. Steensma, Kyle R. Jefcoat, Michael Clemente, Jacob P. Shapiro, and Ashley K. Gebicke.
Hunton Andrews Kurth LLP filed an amicus brief on behalf of Protect our Defenders and the Service Women’s Action Network explaining that the narrowing of liberal consideration would prejudice thousands of military sexual assault survivors. Sidley Austin LLP filed an amicus brief on behalf of four veterans who had combat specialties when in the military, including veterans who received the Medal of Honor, Purple Heart, Combat Action Ribbon, and other combat awards. The brief highlights the effect of the lower court ruling on the military community, especially those who serve in combat jobs.
About Latham
Latham & Watkins delivers innovative solutions to complex legal and business challenges around the world. From a global platform, our lawyers advise clients on market-shaping transactions, high-stakes litigation and trials, and sophisticated regulatory matters. Latham is one of the world’s largest providers of pro bono services, steadfastly supports initiatives designed to advance diversity within the firm and the legal profession, and is committed to exploring and promoting environmental sustainability.
About The National Veterans Legal Services Program (NVLSP)
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 18 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP’s success in these lawsuits has resulted in more than $5.6 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation's definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information go to www.nvlsp.org.
Media contact:
Patty Briotta, Direct: 202 621 5698, patty@nvlsp.org