Nichols v. United States

This is a suit for disability retired pay. Plaintiff invokes the jurisdiction of this court on the ground that the determination of the Secretary of the Army, that plaintiff was not disabled to “a degree that would preclude the performance of military duty”, was arbitrary and capricious.

It is not amiss to again call attention to the fact that jurisdiction to determine an officer’s eligibility for retirement for physical disability is conferred on the Secretary of the Army, acting through a Physical Evaluation Board, in the first instance, and the boards set up by the Secretary to *413review the…