Gary Littlejohn v. United States

In August 1998, the Department of Veterans Affairs (“VA”) awarded Gary Little- john disability benefits for disabilities stemming from a series of strokes.’ In a subsequent action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 , 2671-2680, Littlejohn alleged negligence on the part of two VA physicians who treated him before he began suffering grand mal seizures in connection with the strokes.

Before the district court, Littlejohn argued that the two administrative decisions of the VA relating to his disability claims (the “Rating Decisions”) were entitled to claim and issue preclusive effect in his FTCA action. The district court disagreed. After a bench trial, the district court entered judgment for the government. Littlejohn timely appeals. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

In September 1996, Littlejohn, a veteran, was examined at the VA Medical Center in Reno, Nevada (“VA Reno”). He complained of intermittent tingling and numbness in his hands and arms, as well as dizziness. Littlejohn also complained of memory loss and intermittent diplopia (double vision). Littlejohn was scheduled for a neurological consultation, which…