Knight v. United States

Summary

The plaintiff sought disability retired pay based on alleged aggravation of a preexisting hearing disability during approximately five years of commissioned Army service. The Court of Claims adopted the trial judge’s conclusion that the deterioration in the plaintiff’s hearing resulted from the natural progression of preexisting otosclerotic disease rather than military service, and dismissed the petition. Rehearing and rehearing en banc were denied.

Holdings

1. Knight was not entitled to physical disability retirement pay because his hearing impairment was not permanently aggravated by, or otherwise incident to, his military service.

Questions Presented

1. Whether Knight was entitled to physical disability retirement pay based on hearing impairment allegedly incurred or aggravated during his military service.
2. Whether the presumption of service aggravation was rebutted by evidence showing that the deterioration resulted from the natural progress of preexisting otosclerotic disease.

Disposition

dismissed