fit for duty and hence suitable for discharge. The Real exception does not apply. 417 F.3d at 1226-27. The government nonetheless attempts to analogize the facts in this case to cases which pre-date Chambers and its precedential formulation of the Real exception to the general accrual rule for disability retirement claims. Def.’s Mot. at 16-18. The court finds these cases to be inappo-site because the crucial interpretation of the. Real exception provided by Chambers did not yet exist. Since Chambers issued in 2005, this court has been reluctant to apply the Real exception when a service-member was found to be fit at the time of discharge and that service-member’s medical records were inconclusive as to permanent disability. See, e.g., Colon v. United States, 71 Fed.Cl. 473, 482 (2006) (<HOLDING>); Van Allen v. United States, 70 Fed.Cl. 57, 63
recognizing the importance of the employers knowledge of the disability recognizing that a claim of disability retirement under the csrs precludes a rehabilitation act claim because plaintiffs applying for disability retirement under the csrs must be unable to work even with an accommodation holding that mr colon possessed insufficient knowledge that he suffered from a disability that made him eligible for disability retirement when he was discharged in 1975 citing chambers 417 f3d at 122627 holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada holding disability determination is made at time of alleged discrimination not later when remedial measures are used to correct disability