10 U.S.C. § 1202
Regulars and members on active duty for more than 30 days: temporary disability retired list
Upon a determination by the Secretary concerned that a member described in section 1201(c) of this title would be qualified for retirement under section 1201 of this title but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with retired pay computed under section 1401 of this title.
Notes of Decisions
Cited in 58
cases (7 in the last 5 years), 1943–2026 · leading case: McGee v. Peake, 511 F.3d 1352 (Fed. Cir. 2008).
McGee v. Peake, 511 F.3d 1352 (Fed. Cir. 2008). “See 10 U.S.C. §§ 1202 , 1210. [2] Section 1218 remains essentially unchanged since McGee's discharge in 1970.”
Cronin v. United States, 765 F.3d 1331 (Fed. Cir. 2014). “§ 2501 , for the 4 years and five months that she was on the Temporary Disability Retired List under 10 U.S.C. § 1202 . Untimeli- ness under this statute of limitations is “jurisdictional.”
Dambrava v. Off. of Pers. Mgmt., 466 F.3d 1061 (Fed. Cir. 2006). “” 10 U.S.C. § 1202 (2000). Dambrava remained on the TDRL until he permanently retired on February 1, 1973, when it was determined that he was permanently unfit for duty.”
Penn Dairies, Inc. v. Milk Control Comm'n of Pa., 318 U.S. 261 (1943). “§ 3716, 10 U.S.C. § 1202 (preference to articles of domestic production "conditions of price and quality being equal").”
Shelkofsky v. United States, 119 Fed. Cl. 133 (Fed. Cl. 2014). “§ 1201 (Regulars and members on active duty for more than 30 days: retirement); 10 U.S.C. § 1202 (Regulars and members on active duty for more than 30 days: temporary disability retired list); 10 U.”
Gary W. Kendrick Shane Kendrick, a Minor Child v. United States of Am., (Two Cases), 877 F.2d 1201 (4th Cir. 1989). “On July 31, 1985, because of his continuing health problems Kendrick was placed on the TDRL, pursuant to 10 U.S.C. § 1202 . In September 1985, Kendrick alleges he began to experience memory loss, difficulty in walking, and other symptoms consistent with Dilantin toxicity.”
Thomas v. Piorkowski, 286 S.W.3d 662 (Tex. App. 2009). “See 10 U.S.C.A. § 1202 (1998) On June 1, 2006, Thomas began receiving benefits computed under section 1401.”
United States v. Boyd, 55 M.J. 217 (C.A.A.F. 2001). “” 10 USC § 1202 . While on the TDRL, a member is required to submit to periodic physical examinations to “determine whether there has been a change in the disability for which he was temporarily retired.”
Davies v. Beres, 233 P.3d 1139 (Ariz. Ct. App. 2010). “Pursuant to 10 U.S.C. § 1202 , these benefits are temporary in nature, and are “solely attributable to [Husband’s] disability.”
In Re the Marriage of Wherrell, 58 P.3d 734 (Kan. 2002). “) 10 U.S.C. § 1202 (2000). “Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 of this title would be qualified for retirement under section 1204 of this title but for the fact that his disability is not…”
Nickerson v. United States, 35 Fed. Cl. 581 (Fed. Cl. 1996). “At a minimum, plaintiff claims that these statements create a genuine issue of material fact as to “whether based upon accepted medical principles, [plaintiff] at discharge suffered from a disability which is or may be of a permanent nature.”
Blair Coleman v. Frank Kendall, 74 F.4th 610 (4th Cir. 2023). “” 10 U.S.C. § 1202 . Section 1210 sets 4 The Air Force disputes whether § 4.”
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