Category: USPHS

Testimonial: Veteran Benefits and Retirement Restored for USPHS Member

Posted on by Becky Haugen

My first call with David demonstrated his knowledge of the “system” and gave me hope.I could not get a single phone call returned or an email reply from my service branch without his law firm’s help. As a result of their intervention I’ve been able to receive all the retirement and VA benefits that I was entitled to. These benefits had been ignored or denied, until their legal team set to work on my behalf, and achieved complete resolution. Thanks again to the entire staff of the Law Offices of David P. Sheldon PLLC.

P.Z.  USPHS/Air Force

Motion Filed to Rightfully Include USPHS and NOAA at Smithsonian Memorial

Posted on by Becky Haugen

Press Release: The Law Offices of David P. Sheldon Files Opposition to the Smithsonian’s Motion to Dismiss in USPHS COA v Bunch et al.

Law Offices of David P. Sheldon PLLC

100 M St SE, Suite 600

Washington, DC 20003

(202) 546 9575

www.militarydefense.com

Read the Complaint Here

Congress created the National Native American Veterans Memorial to be a memorial for all Native veterans. Yet, when it came time to build the memorial, the Smithsonian wrongfully excluded Native veterans of the United States Public Health Service and the National Oceanic and Atmospheric Administration. In May, The Law Offices of David P. Sheldon, representing the Commissioned Officers’ Association of the United States Public Health Service, filed suit to ensure that those two branches were properly included. The continued denigration of the service of USPHS and NOAA veterans has a pervasive impact on their status before private and public institutions. They are frequently denied benefits both due under statute, and granted by private society, due to ignorance as to their status as veterans. The most egregious example of this is the way in which USPHS commissioned officers, deployed by their country to the hottest spots of the COVID pandemic, were frequently denied early vaccination status by military healthcare facilities ignorant of their status as fellow service members.

Yet, it was on those very grounds that the Smithsonian based their motion to dismiss. They argued that Native veterans of the USPHS and NOAA had no entitlement to inclusion on the monument, and that there was no evidence that the denigration of their service and reputation as “real” veterans had any impact on their societal standing. In addition, they also argued that a question of constitutional interpretation was in fact a political question, not fit for the courts to resolve.

Now, The Law Offices of David P. Sheldon have filed their motion to oppose this attempt to dismiss a rightful claim. In their motion, they demonstrate to the Court the massive impact on societal status of the wrongful denigration and spreading of ignorance as to the veteran status of USPHS and NOAA officers. They also remind the Smithsonian, and the Court, of the clear precedence in the D.C. Circuit that constitutional claims are not, contrary to what was alleged by the Smithsonian, political questions barred from consideration. The Law Offices look forward to the successful resolution of this current round of litigation, to the future success of their case, and to the ensuring that Native USPHS and NOAA officers are given the public commemoration they rightfully deserve.

printable version

Successful Defense for PHS Officer at Board of Corrections

Posted on by Becky Haugen

The Law Offices of David P. Sheldon successfully represented an officer at the PHS Board for Corrections. The firm argued that the officer should receive years of constructive service credit for education, which is now being retroactively applied to the officer’s retirement pay multiplier.  The officer stands to make hundreds of thousands in additional retirement pay in the circumstance.

Testimonial: “I would highly recommend him to any uniformed service person.”

Posted on by dcadmin

Mr. Sheldon came highly recommended by a fellow Public Health Service (PHS) officer. After initial discussion he immediately reviewed my case and provided me with a clear pathway. I retained Mr. Sheldon’s firm to apply to the PHS Board of Corrections to obtain adjudication of my rightful promotion. His knowledge of the law, the system and prior cases is phenomenal. His team worked efficiently, diligently and we were able to get a successful outcome. I would highly recommend him to any uniformed service person.

-CDR HM

PHS Testimonial: “Excellent legal services! FIVE STARS!”

Posted on by dcadmin

As a US Public Health Service (USPHS) Officer it was difficult to find legal representation with

experience with the USPHS Board of Corrections. The Law Offices of David P. Sheldon came

highly recommended. David and his team prepared my board packet and were successful in

getting get my 0-5 promotion reinstated with back pay and removal of all negative documents

removed from my career file. I highly recommend the Law Offices of David P. Sheldon. Excellent

legal services ! FIVE STARS !

-LCDR W.

PHS Testimonial: “Responsive, thoughtful, and pragmatic”

Posted on by dcadmin

As a Public Health Service Officer serving the behavioral health needs in isolated frontier communities, I was understandably worried when an adverse privileging action was taken against me. Practicing in isolation, with agency antagonism, and without federal division support, left me vulnerable to personal injury and professional jeopardy. I retained Attorney David Sheldon who immediately acted to protect my interests. Responsive, thoughtful, and pragmatic, Mr. Sheldon (himself a prior Navy attorney and well versed in the uniformed service) was able to get the decision reversed and my position secured. I highly recommend him for any uniformed service member. It is money well spent!

– CDR Michael R. Tilus

PHS Case Results

Posted on by dcadmin

A Commander in the Commissioned Corps, facing elimination from the PHS for misconduct and substandard performance, hired Mr. Sheldon to save his retirement, having served over 17 years. Through Mr. Sheldon’s efforts, the officer was permanently retired from the PHS with a medical retirement and the elimination proceedings were terminated. The officer will go on terminal leave shortly.

Mr. Sheldon successfully represented a Public Health Service (PHS) officer in a formal hearing before the Medical Appeals Board (MAB). Mr. Sheldon appealed the initial decision of the Medical Review Board. Following the formal hearing, the MAB increased the officer’s rating to 70%, which was a significant victory given the facts of the case.

A Captain (0-6) in the Public Health Service received a 60-day sentence to confinement for possession and use of cocaine and for driving a vehicle while drunk/impaired. The officer faced 12 years in jail, a dismissal and loss of all pay and allowances. Most importantly, the officer will retire from the Public Health Service thereby securing him pay and benefits for the remainder of his life.

Mr. Sheldon represented a PHS officer who had been discriminated against. After filing an EEO complaint and proceeding through both the informal and formal process, settlement was reached. The officer was reassigned to a better job, her FLAG on promotion was lifted, a Letter of Reproval was removed from her record, and she received high rankings on her COER for her previous assignment.

As lead counsel for a Public Health Service officer in the matter of Castaneda v. Hui, Mr. Sheldon won a 9-0 decision before the United States Supreme Court. The decision upheld that Public Health service officers are immune from liability under federal law.

Before the Physical Evaluation Board, Mr. Sheldon represented a Public Health Service Officer. After a contested hearing, the officer was retired permanently-the officer was to be separated with severance and now because of Mr. Sheldon’s efforts the officer will receive retired pay and benefits for the remainder of her life.