Merson v. United States

This action to recover disability retirement pay was brought by a Navy Commander on the ground that when he was released to inactive duty as physically fit on March 29, 1946, he was physically unfit for service, and should have been retired for service-connected disability.

On October 15, 1965, the court rendered its first decision dismissing plaintiff’s petition. Merson v. United States, 173 Ct. Cl. 92 (1965). Upon the filing of plaintiff’s motion for rehearing, new trial and suspension of proceedings, the court on April 15,1966, entered its order remanding the case “to the trial commissioner…