Howard v. United States, No. 03-1338 (Fed. Cir. Jan. 13, 2004), Clevenger, J, Bryson, and Gajarsa joined in this per curiam decision).

The congressional decision to change a statute to allow disabled military veterans to collect both military retirement pay and disability compensation, did not render the pre-amendment statute irrational and violative of the plaintiffs= equal protection rights. The Federal Circuit affirmed its prior holding, finding that the preamendment statute was rationally related to the legitimate governmental interest of limiting public expenditures for certain federal retirees.

Newsletter Volume: 
Newsletter - January 2004