Navy Loses Class Action Lawsuit

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nadopolo9

PEB Forum Regular Member
Registered Member
Learned from a credible source yesterday that the Department of the Navy (DON) lost a class action lawsuit in late September 2022.

Supposedly, DON will be required to re-evaluate the findings of at least 3,700 PEB cases from the mid-late 2010s due to error/injustice.

That is all the information I have. Does anyone know the name of the lawsuit or have any more information?
 
@Jason Perry, did you hear anything about this? Could give some great gouge on how to do that same thing with the Air Force and Army once those FOIA requests come back.
 
The plaintiffs were represented PRO BONO (free) by the National Veterans Legal Services Program and Perkins Coie LLP. The Court held that the “properly referred” policy was not lawful and vacated Physical Evaluation Board decisions during the period when the policy was in force, September 12, 2016 to June 11, 2018. The Torres decision has not yet been finalized, and the government has time to decide whether to appeal. Further relief for class members will not be obtained until after the Torres decision is final. If you believe you are a class member, please go to: [email protected]. To apply for NVLSP’s pro bono assistance with your individual application for medical assistance, you may apply online at https://www.nvlsp.org/what-we-do/lawyers-serving-warriors. NVLSP will request your files and review them to determine whether to accept your individual case.

- NVLSP's Lawyers Serving Warriors' Properly Referred Team
 

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nadopolo9 said:
Learned from a credible source yesterday that the Department of the Navy (DON) lost a class action lawsuit in late September 2022.

Supposedly, DON will be required to re-evaluate the findings of at least 3,700 PEB cases from the mid-late 2010s due to error/injustice.

That is all the information I have. Does anyone know the name of the lawsuit or have any more information?
Click to expand...
The military.com story just dropped:

Judge Orders Navy to Review the Medical Discharges of at Least 3,700 Sailors and Marines | Military.com

www.military.com www.military.com
 
nadopolo9 said:
The military.com story just dropped:

Judge Orders Navy to Review the Medical Discharges of at Least 3,700 Sailors and Marines | Military.com

www.military.com www.military.com
Click to expand...
I remember something like this happening to the Army back in 2009/2010 if mem serves me right. They were just separating folks with adjustment disorder or anxiety or MDD instead of PTSD in many cases. Nothing says "you suck" to a service branch when they're sent back to review a ton of cases. Wish they would wizen up, but nooooo
 
UPDATE:
“In accordance with the District Court’s ruling, the Department of the Navy has established the Torres Class Action Review Board (CARB) as a remedial PEB process for those impacted. To that end, the CARB is reissuing PEB findings for those identified as class members over the next 12-18 months. If class members do not want further review of their PEB case, no action is required. If no review is requested, there will be no impact to your current status and benefits, to include your VA benefits. Inquiries about whether you are part of the Torres class may be directed to [email protected]”
(source: Council of Review Boards (CORB)).
 
nadopolo9 said:
UPDATE:
“In accordance with the District Court’s ruling, the Department of the Navy has established the Torres Class Action Review Board (CARB) as a remedial PEB process for those impacted. To that end, the CARB is reissuing PEB findings for those identified as class members over the next 12-18 months. If class members do not want further review of their PEB case, no action is required. If no review is requested, there will be no impact to your current status and benefits, to include your VA benefits. Inquiries about whether you are part of the Torres class may be directed to [email protected]”
(source: Council of Review Boards (CORB)).
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I feel like this is a harbinger of what is to come for the other services as well. I hope justice prevails throughout the DOD.
 
UPDATE:
"The Navy also is providing free legal counsel to eligible veterans through its Disability Evaluation System Counsel Program, which can be reached by calling (202) 875-1198 or emailing [email protected]. According to the letter, veterans can choose to do nothing, inform the council via a form that they accept their current status, or request a further review within 180 days from the date of their letter. [...] Leibfarth urged veterans who believe they may be eligible to contact these free legal outlets for assistance and not wait to receive a letter from the Navy."
(source: By Court Order, Department of Navy Begins Process to Reconsider 3,770 Medical Discharges for Retirement Upgrades)
 
UPDATE:

"Sgt. Oscar Torres (Ret.)—a U.S. Marine Corps veteran and the lead plaintiff in the nationwide class action Torres v. Del Toro—has won a ruling of medical retirement that had been unjustly denied to him by the U.S. Navy as a result of its unlawful “Properly Referred” policy for over six years."
(source: NVLSP - National Veterans Legal Services Program)

Congratulations Sgt. Torres, USMC (Ret.) and well done @Lawyers Serving Warriors™!
 
nadopolo9 said:
UPDATE:

"Sgt. Oscar Torres (Ret.)—a U.S. Marine Corps veteran and the lead plaintiff in the nationwide class action Torres v. Del Toro—has won a ruling of medical retirement that had been unjustly denied to him by the U.S. Navy as a result of its unlawful “Properly Referred” policy for over six years."
(source: NVLSP - National Veterans Legal Services Program)

Congratulations Sgt. Torres, USMC (Ret.) and well done @Lawyers Serving Warriors™!
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fyi, folks, the email links in the article's last paragraph DO NOT WORK at this time! I have emailed NVLSP's POC to alert them to this.
 
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