Month: October 2025

Denial of Benefits and Delayed Justice for Federal Personnel and Military Service Members

Posted on by Becky Haugen

Rainbow pride flag

Federal and Military Employees Face Challenges to Retirement Benefits and Constitutional Rights Amid Policy Shifts

In August 2025, the U.S. Air Force rescinded previously approved Temporary Early Retirement Authority (TERA) benefits for service members with 15 to 18 years of service. While this action has largely affected transgender personnel, it signals broader administrative discretion that could impact retirement and benefits decisions for a wider group of federal and military employees.

Executive Order 14183, signed in January 2025, reinstated restrictions on transgender military service, citing unit cohesion and readiness concerns. The Supreme Court allowed enforcement of this order in May 2025, and the Department of Defense has since issued guidance to proceed with separations. These shifts, coupled with administrative backlogs caused by the government shutdown, have created uncertainty for many service members who rely on timely processing of retirement and benefits applications.

Constitutional and Legal Implications

The rescission of benefits raises serious constitutional concerns. Under the Equal Protection Clause, policies that discriminate based on characteristics such as gender identity or sexual orientation must meet strict scrutiny. Additionally, abrupt denial of earned benefits implicates the Due Process Clause, as service members and federal employees may be deprived of property without meaningful opportunity for review.

Legal challenges are ongoing, including lawsuits such as Talbott v. USA, where advocacy organizations are contesting the constitutionality of the transgender service restrictions. These cases may set important precedents affecting the broader federal workforce.

Impact on the Broader LGBTQ+ Workforce

While policy changes have specifically targeted transgender service members, gay, bisexual, and other LGBTQ+ military and federal employees are also affected. Administrative delays, reduced government operations, and shifting policy interpretations create uncertainty for all personnel relying on earned benefits and retirement eligibility. Even those not directly targeted may face obstacles in planning their careers, navigating appeals, or securing timely access to benefits. This environment underscores the importance of strong legal protections and oversight to ensure that all LGBTQ+ service members and federal employees receive fair treatment and due process.

Government Shutdown Complications

The ongoing government shutdown further complicates the situation. Limited operations in military and federal offices slow the processing of appeals, retirement applications, and administrative remedies. Federal courts, operating with reduced staffing, are also experiencing delays, slowing the adjudication of constitutional and administrative claims. This combination of policy reversals and shutdown-related delays increases the risk that personnel may be separated or denied benefits before their claims can be fully reviewed.

Legal Remedies and Next Steps

Affected service members and federal employees may pursue several avenues:

  1. Administrative Appeals: Filing appeals within the Department of Defense or relevant federal agency.
  2. Judicial Review: Seeking federal court adjudication on constitutional and administrative law grounds.
  3. Class Action Litigation: Addressing systemic effects when multiple personnel are impacted.

Engaging experienced counsel specializing in military and federal employment law is essential to protect rights and benefits.

Recent News Articles and Resources

Disclaimer:
This update is for informational purposes and does not constitute legal advice. Service members and federal employees should consult an attorney specializing in military or federal employment law for guidance.

About the Law Offices of David P. Sheldon, PLLC:
The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., provides expert legal representation to military service members and federal employees facing legal challenges. Specializing in military justice, veterans’ rights, and federal employment law, the firm is committed to protecting the rights, benefits, and careers of those who serve our nation.

 

 

FOIA Under Fire: Why Military Law and Justice Depend on Open Records

Posted on by Becky Haugen

DOJ Bond FOIA

For service members facing courts-martial, medical retirement disputes, or appeals before military boards, one tool often makes the difference between fairness and frustration: the Freedom of Information Act (FOIA). FOIA allows attorneys to uncover critical records, everything from investigation files to medical reports, that service members need to defend their honor, protect their benefits, and ensure justice.

But a recent move by the Department of Justice (DOJ) to demand a $50,000 bond in a FOIA case has sent shockwaves through the legal community. If upheld, it could create dangerous barriers for military members and veterans who rely on FOIA for access to the truth.

Why FOIA Matters in Military Justice

  • Uncovering Evidence – FOIA requests often reveal investigative files, disciplinary records, and administrative correspondence that can prove whether a service member was treated fairly.
  • Medical and Retirement Benefits – In MEB/PEB cases, FOIA ensures access to medical evaluations and disability determinations that directly impact a service member’s career and retirement benefits.
  • Accountability – FOIA is one of the few tools that allows service members and their advocates to challenge unlawful orders, expose command misconduct, or review board proceedings.

Without FOIA, attorneys and their clients would be fighting blindly against the weight of the military bureaucracy.

The DOJ’s Bond Request: A Dangerous Precedent

The DOJ recently asked a Washington, D.C., federal judge to require a nonprofit transparency group and journalist Brian Karem to post a $50,000 bond simply to expedite a FOIA lawsuit over Trump’s Mar-a-Lago documents. If the group lost on appeal, that money would be forfeited.

For military clients, this precedent would be devastating:

  • Financial Barriers – Most service members cannot afford such sums.
  • Chilling Effect – Attorneys may be forced to advise against pursuing critical FOIA litigation due to risk.
  • Erosion of Rights – The executive branch would effectively gatekeep access to records, undermining both FOIA and judicial independence.

Why This Undermines Judicial Independence

Federal courts, not the executive branch, are entrusted to decide whether cases move forward. Forcing litigants to post large bonds because of a political directive threatens:

  • Separation of Powers – Courts must remain independent arbiters, not enforcers of executive preferences.
  • Equal Access – Justice should not depend on a litigant’s financial means.
  • Transparency – A democracy cannot function if government records are shielded from scrutiny by artificial financial barriers.

Why This Matters for Military Members and Veterans

If this approach spreads, service members could find themselves unable to access their own service records when fighting unjust actions by the military. From challenging unlawful orders to securing disability ratings, FOIA is the backbone of transparency in military law.

Blocking FOIA through financial gatekeeping would not only harm individuals, it would weaken trust in the justice system itself.

Resources and References

Polygraphs in the War Department: A Dangerous Step for Federal and Military Employees

Posted on by Becky Haugen

Polygraphing Federal Workers and Service Member

When news breaks that senior leadership wants to clamp down on “leaks” by ordering random polygraph tests for Department of Defense employees and service members, it may sound like a tough approach to discipline. But beneath the surface, it reveals something far more troubling.

Imagine being a civilian analyst who has worked for years in the Pentagon, or a young service member stationed overseas. You’ve given your career, your loyalty, and your reputation to your job. Then one day, you’re summoned to take a lie detector test, not because you’re accused of wrongdoing, but simply because the leadership wants to make an example out of “someone.” Suddenly, your job, your career, and even your honor are tied to a machine that courts themselves hesitate to trust.

Polygraphs are not foolproof. They measure stress, not truth. And stress runs high when your livelihood is on the line. A nervous breath, a racing pulse, or even the memory of a past mistake can trigger results that look suspicious. For federal employees, this creates the risk of being disciplined, demoted, or fired without real evidence. For military service members, the consequences can be even harsher, career-ending investigations, loss of retirement, or even court-martial referrals.

What’s more concerning is the power dynamic at play. In the military and defense world, careers depend heavily on trust from the chain of command. By inserting random polygraphs into that environment, leadership turns trust into fear. It chills communication, discourages whistleblowers, and silences those who might otherwise raise legitimate concerns. The War Department becomes less about defending the nation and more about policing its own employees under a cloud of suspicion.

This is not just a matter of workplace policy, it’s a legal landmine. Federal workers are protected by the Constitution and statutes like the Civil Service Reform Act and Privacy Act. Military members are entitled to due process under the Uniform Code of Military Justice. Random polygraph sweeps brush aside those safeguards. They flip the burden of proof, turning ordinary employees into suspects. They stretch constitutional limits on privacy and due process. And they invite abuse, where the results of a questionable test could be used to target individuals for reasons that have nothing to do with leaks.

At its core, this push for polygraphs is less about national security and more about power. It suggests that the War Department’s leadership can bypass established protections whenever it feels threatened by criticism or exposure. But history shows that when leaders demand tools of intimidation instead of lawful process, the rights of ordinary employees and service members erode first, and restoring them is never easy.

For those who serve, whether in uniform or in civilian roles, the warning is clear: unchecked demands for polygraph testing are not a show of strength, but a sign of weakness in leadership. They risk transforming the workplace into a climate of fear, where truth becomes secondary to control. And that is a dangerous path for a department tasked with defending a free nation.

 

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Federal employees and service members facing adverse action should seek representation from a qualified attorney.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., defends service members, federal employees, and civilian contractors in cases involving adverse actions, investigations, and injustices in the military and federal workplace. With decades of experience, our firm is dedicated to protecting the rights of those who serve. Learn more at www.militarydefense.com.

A Veteran’s Fight for Justice Continues in Federal Court Against the U.S. Navy

Posted on by Becky Haugen

Veteran’s Fight for Justice Continues in Federal Court Against the U.S. Navy

A decorated U.S. Navy veteran has taken his fight for justice to the U.S. Court of Appeals for the D.C. Circuit, challenging what he contends is an unfair and unlawful disability rating that stripped him of the retirement benefits he earned through combat service. Represented by attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the case asks the appellate court to correct a series of errors by the Navy’s Physical Disability Board of Review (PDBR).

A Story of Service and Sacrifice

This veteran served honorably as a Petty Officer First Class in covert reconnaissance squadrons, flying dozens of combat missions across Iraq, Afghanistan, and the Balkans. His role placed him in direct danger, tracking enemy positions, calling in strikes, and witnessing devastation at close range.

One mission in particular, an air campaign that resulted in over 180 enemy combatants killed in action, left lasting scars. In the months that followed, he developed the hallmarks of post-traumatic stress disorder (PTSD): intrusive memories, nightmares, anxiety, and depression. By 2007, Navy doctors determined his PTSD was permanent, ending his career as a flight technician.

Despite his clear diagnosis, the Navy awarded him only a 10% disability rating, far below the 50% rating mandated by federal law (VASRD § 4.129) for service-related PTSD severe enough to cause separation from service. That rating meant severance pay instead of medical retirement, a decision that has denied him lifetime benefits for over 15 years.

A Long Legal Battle

The veteran sought relief through the PDBR, which in 2022 admitted his PTSD was service-connected and warranted a retroactive 50% rating. Yet the Board simultaneously cut his rating back to 10% without ever conducting a follow-up medical examination, contradicting both statute and regulation.

Federal district court upheld the Navy’s decision earlier this year, prompting the veteran to appeal. His case now rests with the D.C. Circuit, where his attorneys argue that the Navy’s actions were arbitrary, capricious, and contrary to law and that the proper remedy is full medical retirement.

“This case is about more than numbers on a chart,” said Dylan Thayer, lead counsel. “It is about honoring the sacrifices of those who served in combat, ensuring that the law is applied fairly, and correcting years of injustice.”

Broader Implications

The outcome of this appeal could have lasting implications for thousands of veterans who were medically separated with low ratings between 2001 and 2009, a period Congress has acknowledged was plagued by systematic under-rating of combat-related disabilities.

For this veteran, the case is deeply personal. “After everything he gave in service to his country, he deserves the benefits promised under law,” Thayer added.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney–client relationship. Every case is unique, and results depend on the facts and circumstances of each matter.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally recognized boutique law firm representing service members, federal employees, and veterans in complex military and federal employment matters. With decades of combined experience, the firm advocates for those facing injustice in courts-martial, boards of inquiry, correction boards, security-clearance cases, and federal appeals.