Judgment No. 4763
Decision
The complaint is dismissed.
Summary
The complainant challenges the decision to reject her claim that her illnesses be recognized as service-incurred.
Judgment keywords
Keywords
receivability of the complaint; step in the procedure; internal remedies not exhausted; complaint dismissed
Consideration 1
Extract:
The complainant has applied for oral proceedings under Article 12, paragraph 1, of the Tribunal’s Rules by ticking this option in the complaint form. The Tribunal observes that the parties have presented ample written submissions and documents to permit the Tribunal to reach an informed and just decision on the case. Thus, the request for oral proceedings is rejected.
Keywords
oral proceedings
Consideration 2
Extract:
[A]ny pleas concerning the question of whether [the complainant’s] medical condition was service-incurred relating to the 12 June decision are premature, since, in the end, the Director-General did not decide on this matter but decided to refer it to a medical board.
The 12 June 2020 decision, even though taken after an internal appeal process, refers the case to a medical board and is only a step in the process, not a final decision within the meaning of Article VII, paragraph 1, of the Statute of the Tribunal (see, generally, Judgment 4636, considerations 4 and 5). Therefore, the complaint is irreceivable.
Reference(s)
Jugement(s) TAOIT: 4636
Keywords
medical board; step in the procedure
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