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Jeffry Schmidt v. Kenneth J. Braithwaite, Secretary of the Navy

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-5304 · judgment May 8, 2020

Certiorari denied · January 25, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Questions presented

  1. Did Federal Circuits, including the U.S. Court of Appeals for the District of Columbia Circuit, Refuse to Recognize that the U.S. Military and the Department of Veterans Affairs use the same disability evaluation systems for determining Veteran’s disability such that the same medical evidence should have consistent ratings between the two Agencies and that VA treatment shortly after discharge gives rise to whether all medical issues were properly addressed before the Military, denying Veterans of proper and well-deserved disability Military compensation.

  2. Did the Board of Corrections for Naval Records fail to consider the discrepancy ratings between the military and the VA, and other new and material evidence violating the arbitrary and capricious standard.

Counsel of record

For petitioner
Michael D.J. Eisenberg
Law Office of Michael D.J. Eisenberg, Attorney and

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 25 2021
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Jan 06 2021
    DISTRIBUTED for Conference of 1/22/2021.
  3. Dec 30 2020
    Waiver of right of respondent James E. McPherson to respond filed.
  4. Dec 04 2020
    Petition for a writ of certiorari filed. (Response due January 7, 2021)