Reports on the recent updates to their grant-funded case, Springs v. Braithwaite, filed along with pro bono counsel from the Dechert law firm on November 20, 2020.
Their suit alleges that the Navy failed to provide ratings for Category II disability conditions resulting in the improper denial of medical retirement to thousands of Navy and Marine Corps servicemembers. The government filed an answer on February 9, 2021, in which they conceded that they did not rate Category II conditions. At that time, the name of the case changed to Springs v. Harker, to reflect a new Acting Secretary of the Navy. The government filed the amended administrative record on May 27, 2021. On June 15, 2021, NVLSP and co-counsel filed a motion for class certification. NVLSP expects a full briefing on the motion for class certification in the coming months. Following a decision on that motion, they anticipate cross motions for summary judgment.