Spencer v. United States

LITTLETON, Judge.

The plaintiff sues to recover disability retirement pay for the period between October 4, 1944, and December 31, 19491, as a Reserve Army officer on the ground that he was certified by the Secretary of War to the Veterans’ Administration for disability retirement pay. Plaintiff contends that this certification was a final order by the Secretary of War and could be revoked only upon a showing of fraud, which was not present in his case. It is defendant’s contention that certain medical reports of the Veterans’ Administration hereinafter referred to constituted sufficient new…