Ivary v. United States

OPINION

MARGOLIS, Judge.

Plaintiff Toivo H. Ivary brings this military pay action against the United States seeking an increase in his disability retirement rating from 60 to 80 percent and back pay. Plaintiff has moved for summary judgment alleging that the action of the Department of Navy in rating him at a 60 percent disability was unsupported by substantial evidence, arbitrary, capricious, and contrary to law. Defendant opposes the plaintiff’s motion and has moved to dismiss on the grounds that plaintiff’s claim is barred by the statute of limitations, the doctrine of res judicata,…