Month: June 2025

Veteran USPHS Officer Challenges Unlawful Denial of Career-Defining Benefits in Federal Court

Posted on by Becky Haugen

A decorated officer of the United States Public Health Service (USPHS), with over three decades of distinguished service across multiple branches of the U.S. Armed Forces, has filed a federal lawsuit alleging that bureaucratic failures and unlawful actions within the Department of Health and Human Services unjustly derailed his career, denied him a well-earned promotion to the rank of Captain, and significantly reduced his retirement benefits.

The legal action, filed today in the U.S. District Court for the District of Columbia, seeks judicial review of the USPHS Board for Correction’s refusal to credit six months of volunteer hospice work toward the officer’s Training and Education (TED) credit, a critical factor in determining initial rank, career trajectory, and eligibility for timely promotion. Despite multiple requests dating back to 2005 and a detailed appeal filed in 2022, the Board rejected his application as “untimely” and unsupported, ignoring compelling new evidence and legal arguments. His reconsideration request was also summarily denied in less than 24 hours by a contractor who lacked legal authority to issue such a decision.

“This is a case of clear legal error compounded by procedural miscues,” said Dylan Thayer, lead counsel from the Law Offices of David P. Sheldon, PLLC, based in Washington, D.C. “Our client was misinformed by USPHS officials at the time of his recommissioning. Because of that bad advice, he was brought in at too low a rank, which permanently altered his promotion timeline and ultimately cost him a Captain’s commission. To make matters worse, the agency then ignored its own precedent, denied reconsideration through improper channels, and turned a blind eye to its own regulations.”

The plaintiff, who served in the Navy, Army National Guard, and USPHS, had consistently received superior performance evaluations and was nominated for commendations, including for his role in responding to the COVID-19 pandemic. His lawsuit cites violations of federal administrative law, including the Administrative Procedure Act (5 U.S.C. § 706), and challenges the Board’s refusal to even consider the similarities between his case and a prior Board ruling (PHS BCMR Case No. 18-005) in which another officer was granted full TED credit under nearly identical circumstances.

“This isn’t just about one officer’s career,” Thayer emphasized. “It’s about ensuring that our federal service members are treated fairly, that their records reflect their actual contributions, and that agencies follow the law instead of arbitrarily denying benefits based on flawed or biased processes.”

If successful, the case could result in the officer’s record being corrected to reflect the higher TED credit, a retroactive promotion to Captain, and significant backpay and increased retirement benefits. The implications may also extend to other current and former USPHS officers who were misadvised or administratively mishandled.

About the Law Offices of David P. Sheldon, PLLC

Located in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a nationally recognized law firm specializing in military and federal employment law. The firm represents service members, veterans, and federal employees in matters involving military justice, promotions, disability and retirement benefits, and wrongful termination.

 

Disclaimer

This press release is issued by the Law Offices of David P. Sheldon, PLLC, and is intended for informational purposes only. It does not constitute legal advice or establish an attorney-client relationship.

Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546-9575 |  www.militarydefense.com

VA Disability Calculator Errors and Supreme Court Ruling Put Veterans’ Ratings at Risk

Posted on by Becky Haugen

This year, veterans across the country were surprised to learn that the VA’s online disability calculator, something many rely on to estimate benefits has been giving incorrect results. A recent report by Stars and Stripes revealed that flaws in the system may have caused veterans to receive the wrong combined disability rating. That could mean thousands of dollars in lost compensation for those affected.

The VA acknowledged the issue but hasn’t announced a system-wide fix to correct the miscalculations. This is deeply troubling, especially now that the U.S. Supreme Court has issued a decision that makes it harder than ever to fix these mistakes after the fact.

In March 2025, the Supreme Court issued a ruling in Bufkin v. McDonough, 601 U.S. ___ (2025). The Court decided that VA decisions can only be overturned if they meet the extremely high bar of a “clear and unmistakable error,” also known as a CUE. That means even if the VA made a mistake in calculating your disability rating, you can’t just appeal the decision unless you can prove it was obviously and unquestionably wrong.

You can read the Supreme Court’s docket entry here:
https://supreme.justia.com/cases/federal/us/604/23-713/

The recent problem with the calculator combined with this ruling puts the burden entirely on the veteran. You must now catch and fix rating errors early, before the VA finalizes its decision. Once your claim is denied or granted with the wrong rating, you may have little to no recourse.

Why is this so important? Your VA disability rating affects not only your monthly tax-free payments but also your access to healthcare, housing programs, education benefits, and your eligibility for military retirement benefits. For example, the difference between a 90% and a 100% rating can amount to more than $1,000 per month and over a lifetime, this can mean tens of thousands of dollars in lost benefits.

Now more than ever, legal experts urge veterans, service members, and federal employees to take action to ensure their ratings are accurate. First, request a full copy of your VA claims file, also known as a C-file. This file includes all documents used to decide your case. Review your medical ratings, award letters, and the VA’s decision explanation. This is your first line of defense.

Next, don’t rely on the VA’s online tools. Use trusted independent resources like https://www.dav.org/disability-calculator to double-check how your disabilities were combined. VA math uses a formula that isn’t simple addition, and errors in the calculator have already affected many veterans.

If you find an error in your rating or award decision, you should file a correction immediately. Veterans can submit a Supplemental Claim using VA Form 20-0995, which is available online at: https://www.vba.va.gov/pubs/forms/VBA-20-0995-ARE.pdf  The earlier you act, the more options you will have. Waiting too long can result in permanent loss of benefits.

Finally, consider seeking legal support. A VA-accredited attorney or representative can review your case, help you gather supporting evidence, and ensure your paperwork is accurate and complete before you submit it. Under the Supreme Court’s Bufkin decision, the window for correcting errors is now narrower than ever before.

As Attorney David P. Sheldon explains, “If you’re a veteran relying on a rating from the VA’s calculator, now is the time to double-check everything. Because under Bufkin, even honest mistakes might not be fixable after the fact.”

The takeaway is clear: every veteran must now approach their initial disability claim as if it’s their only chance to get it right. The legal system is no longer positioned to correct missteps made along the way, even when those missteps aren’t your fault.

For additional information on how the VA processes appeals and claim reviews, visit https://www.va.gov/decision-reviews/. For independent help from a nonprofit, the Veterans Consortium Pro Bono Program offers free legal assistance to qualifying veterans at https://vetsprobono.org.

 

About the Law Offices of David P. Sheldon, PLLC
Based in Washington, DC, we are a nationally recognized law firm focused on protecting the rights of military service members, veterans, and federal employees. We help clients fight unjust discharges, benefit denials, security clearance revocations, and more.

Contact the Law Offices of David P Sheldon, PLLC  https://militarydefense.com

Disclaimer
This educational post does not constitute legal advice. Every claim and rating situation is unique. Veterans are encouraged to speak with a qualified attorney to review their individual cases.

Army Veteran Seeks Purple Heart, Combat Action Badge, and Medical Retirement in High-Stakes Legal Remand

Posted on by Becky Haugen

A decorated Army sergeant wounded in combat and medically separated with only partial recognition of his injuries is seeking long-overdue justice through a remand application now before the Army Board for Correction of Military Records (ABCMR). The veteran, who served two combat tours during Operation Iraqi Freedom, has petitioned for the correction of his military records to include a full medical retirement, retroactive award of the Purple Heart and Combat Action Badge, and all associated benefits.

The filing follows a recent Order by the United States District Court for the District of Columbia, which, on May 6, 2025, remanded the sergeant’s case back to the ABCMR for reconsideration. The Court acted on a joint motion between the veteran and the Secretary of the Army, acknowledging serious questions about the Army’s prior denials of relief.

Represented by attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the veteran argues that the Army failed to recognize or adequately rate multiple combat-related injuries, despite clear evidence of wounds sustained during enemy engagements, traumatic brain injuries (TBI), post-traumatic stress disorder (PTSD), and exposure to toxic burn pits.

“This remand is not just an opportunity to revisit the record, it’s a second chance to deliver long-denied recognition and justice to a soldier who risked everything for his country,” said Thayer. “The failure to properly document and award combat-related injuries continues to be a systemic issue that disproportionately affects those who served in high-risk environments without the benefit of thorough or consistent record-keeping.”

The veteran’s petition details incidents including a stabbing by an Iraqi combatant, repeated blast exposures, and a severe knee injury, as well as psychological trauma documented by the Department of Veterans Affairs as service-connected. Despite these facts, the veteran received only a 10% disability rating upon separation and was denied the awards that would typically accompany such injuries under Army Regulation 600-8-22.

The filing also invokes the “liberal consideration” standard under 10 U.S.C. § 1552(h), which requires that claims involving PTSD or TBI related to combat be reviewed with deference to the service member’s experience and credible evidence.

Thayer added, “If this veteran had remained with his original unit a few months longer, he likely would have received the Combat Action Badge when it was retroactively issued. The only thing that separated him from eligibility was paperwork, not merit or service.”

The ABCMR is now tasked with reconsidering the veteran’s application in light of the Court’s order, new medical evidence, and expert findings. A favorable ruling could result in back pay, a corrected discharge status, and permanent disability retirement, a rare but vital remedy for service members whose sacrifices have been overlooked.

 

 

About the Law Offices of David P. Sheldon, PLLC
Located in Washington, DC, the Law Offices of David P. Sheldon, PLLC is a nationally recognized law firm specializing in military and federal employment law. The firm has successfully represented service members, veterans, and federal employees across all branches of the armed forces in matters involving courts-martial, security clearance appeals, military record corrections, medical retirement, and whistleblower protections. With decades of experience and a reputation for aggressive and principled advocacy, the firm is committed to defending the constitutional and statutory rights of those who serve.

Law Offices of David P. Sheldon, PLLC
(202) 546-9575
lhttps://militarydefense.com

 

DISCLAIMER:
This press release is for informational purposes only and does not constitute legal advice. The Law Offices of David P. Sheldon, PLLC does not represent the individual named in the remand application unless otherwise stated. Statements made herein are based on publicly filed legal documents and do not reveal confidential client information.