O'Connell v. United States

This veterans benefits case is before the court on defendant’s motion to dismiss pursuant to Rule 38(b) of this court on the ground this court lacks jurisdiction over the subject matter of plaintiffs’ claim. After careful consideration of the parties’ submissions and without oral argument, we deny the defendant’s motion.

Plaintiff John F. O’Connell is a totally disabled veteran who has been assigned such a rating by the Veterans Administration (VA) at all times relevant to this lawsuit. Plaintiffs allege that Mr. O’Connell’s VA disability payments were not subject to deduction by reason of…