Tag: Law Offices of David P Sheldon
U.S. Air Force Member Granted Honorable Discharge, Opens Path to Medical Evaluation Board Review
A service member represented by the Law Offices of David P. Sheldon, PLLC has been granted an Honorable Discharge from the United States Air Force, following the approval of a conditional waiver by Major General Daniel A. DeVoe, Commander of the Air Force District of Washington (AFDW). This decision closes an administrative separation proceeding and allows the member to move forward with a Medical Evaluation Board (MEB) process to address service-related health concerns.
Originally initiated due to allegations of misconduct, the administrative discharge proceedings temporarily halted the member’s medical review process. However, with the recent decision to issue an Honorable Discharge, the member is now eligible to pursue further review before the Air Force Board for Correction of Military Records (AFBCMR) in an effort to reinstate the MEB.
“This is a significant and affirming step,” said Annie Morgan, Senior Military Attorney at the Law Offices of David P. Sheldon. “It not only honors our client’s service but also acknowledges the importance of ensuring access to the medical systems designed to support service members affected by trauma. We are now in a position to re-engage with the MEB process so that our client can receive a full and fair evaluation of their health conditions.”
The member’s appeal to preserve the MEB was initially denied after a military separation board determined that the member’s conduct was not linked to any underlying service-connected disability. That decision is now subject to further review. The legal team argues that the misconduct was closely tied to undiagnosed or untreated PTSD and related behaviors stemming from operational stress.
The Law Offices of David P. Sheldon is now preparing the client’s petition to the AFBCMR, advocating for the reinstatement of MEB proceedings and any related benefits the member may be entitled to under military disability retirement rules.
About the Law Offices of David P. Sheldon, PLLC
Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC provides aggressive and compassionate legal representation to service members across all branches of the military. The firm is nationally recognized for its expertise in military justice, medical retirements, security clearance defense, and discharge upgrades.
Legal Disclaimer: The content of this press release is provided for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Individuals seeking legal representation should consult with a qualified attorney.
Veteran USPHS Officer Challenges Unlawful Denial of Career-Defining Benefits in Federal Court
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
The Silence That Killed Her: How the Army Missed a Soldier’s Cancer and Then Denied Her Justice
Photo of Maria Martinez before. Her Father Carrying Maria, His Daughter, Down Stairs
By the Law Offices of David P. Sheldon, PLLC
April 24, 2025 | Washington, D.C.
Maria was 23 years old when she first told her primary care provider something was wrong.
She had a known BRCA2 mutation, a family history steeped in breast and ovarian cancer, and symptoms that no one could ignore, nipple retraction, a persistent rash, chest pain, and shortness of breath that worsened by the day. She followed every protocol. She asked for care. And she trusted the system built to protect her.
But the system, the Army’s medical bureaucracy, failed her.
Again and again, Maria returned to her military clinic at Fort Bliss. A civilian breast specialist, concerned about her condition, recommended an MRI to rule out Paget’s disease, a rare form of breast cancer. But the order was incorrectly entered as a routine screening rather than a diagnostic test. That subtle coding error, one checkbox, led to two denials by TRICARE. Even after oncology clarified the necessity, her request remained tangled in backlogs and electronic referrals, unaddressed for months.
As her pain worsened and her lungs began to fill with bloody fluid, Maria’s symptoms were written off as psychological. A misdiagnosis of bipolar disorder appeared in her chart. One provider even suggested she had borderline personality disorder, attributing her despair and anxiety to mental instability, not the growing cancer that was quietly spreading to her bones, liver, and lungs.
“She was trying to survive,” said one of the physicians who later treated her at William Beaumont Army Medical Center. “We were draining liters of fluid from her chest every other day. Her cancer was everywhere, and we all knew what it meant. But she kept smiling. She kept fighting.”
As her condition worsened and her body began to fail, her family turned to the only path for accountability they had—filing a malpractice claim under the 2020 Richard Stayskal Military Medical Accountability Act, a law created to give active-duty service members and their families a voice when medical negligence occurs. In Maria’s case, that negligence wasn’t a single oversight—it was a cascade of systemic failures: a high-risk cancer misclassified as routine, urgent diagnostic imaging delayed for months, unmistakable symptoms dismissed as mental illness, and red flags ignored by a medical bureaucracy that never escalated her care. These were not just errors in judgment—they were preventable lapses that allowed a curable disease to become terminal.
Maria died in December 2021—just one month after the claim was submitted.
The Department of Defense denied it.
The Department of Defense cited the statute of limitations, choosing the earliest possible date of harm—the day Maria’s MRI was first requested—rather than the date she was actually diagnosed.
This decision matters.
By selecting the earliest possible date, the DoD ignored the reality of Maria’s case: she didn’t know the extent of the harm yet. Her cancer hadn’t been diagnosed, let alone explained to her. In medical malpractice law, especially in cases involving delayed diagnosis, the clock is often based on when the patient discovers the injury—not when the error technically occurred.
Choosing the initial MRI request date was not just legally avoidable—it was strategic. It allowed the Department to declare her family’s claim “too late,” despite the fact that Maria was still actively seeking care, still serving on active duty, and still unaware of the fatal disease progressing inside her.
They also failed to honor 50 U.S.C. § 3936, a federal law that pauses legal deadlines while a service member is on active duty. Maria served her country the entire time.
“She didn’t miss the deadline,” said David P. Sheldon, the attorney representing Maria’s family. “The system chose to pretend she did. This case is about more than delay, it’s about denial. Denial of care. Denial of responsibility. Denial of justice.”
The injustice didn’t end with her death.
Maria’s family was also denied the full life insurance (SGLI) she was entitled to. At one point, during the course of her care, she was reportedly advised to reduce her coverage, a decision made while she was undiagnosed and in emotional distress. Her parents are now fighting to restore those benefits and demand acknowledgment from the Defense Department that what happened to Maria was wrong.
But Maria’s story is not an isolated tragedy.
At the same clinic where Maria sought care, two other enlisted soldiers were misdiagnosed around the same time, one with an undetected lymphoma, the other with a life-threatening cardiac condition. All three were enlisted. All three were initially dismissed.
“I was once enlisted too,” said the same physician from WBAMC. “And I’ve seen it: when a Private walks in with pain, people roll their eyes. But when a Colonel comes in, we call in all the consults. Maria wasn’t the exception. She was just the one who didn’t survive.”
Data backs these experiences. A 2024 Science study analyzing 1.5 million military emergency room visits found that lower-ranking service members received less clinical attention than higher-ranking officers. The same study reported that white doctors exerted less effort when treating Black patients, a bias only partly mitigated by rank.
Enlisted service members, particularly those from minority or disadvantaged backgrounds, face an uphill battle for equitable care. In many clinics, they first see medics or mid-level providers like PAs, many of whom carry overwhelming patient loads. Some never reach a board-certified physician unless they make it to the ER.
In the end, Maria’s cancer wasn’t what killed her. It was the delays, the misdiagnoses, and the indifference. Had she received a timely diagnostic workup in early 2019, her doctors estimate she would have had a 98% chance of survival. Instead, her cancer was allowed to spread unchecked. She lived just 26 months after her diagnosis.
Now, her case is being cited in policy circles, from media outlets to academic forums, as a call to reform military medical malpractice procedures and close the care gap between officers and enlisted.
The family, alongside advocates, is urging Congress to:
- Enforce the tolling of deadlines under 50 U.S.C. § 3936
- Default to the “date of discovery” in malpractice cases involving progressive disease
- Allow for judicial review for denied claims
- Mandate transparency in claims process
- Ensure all members have access to competent medical care
- Protect medical whistleblowers within the military system
“She did everything right,” said the same doctor who treated her above, a former enlisted Soldier “She followed orders, reported symptoms, and trusted the system. And she died because no one listened.”
Maria’s case was heard on April 24, 2025, by an Appeals Board that reviewed the Army’s denial of her claim. A decision will be announced in May.
About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon, PLLC, located in Washington, D.C., is a national leader in military and federal litigation. With decades of experience representing service members across all branches, the firm is dedicated to upholding the rights of those who serve—including in cases of medical malpractice, courts-martial defense, retirement appeals, and constitutional claims. For more information, visit www.militarydefense.com.
Legal Disclaimer
This article is provided for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Please consult a qualified attorney for advice specific to your situation.
Contact
The Law Offices of David P. Sheldon, PLLC
militarydefense.com | (202) 546-9575
Resources and References
Legal Statutes
- U.S. Code § 2733a – Medical Malpractice Claims by Members of the Uniformed Services
Medical Malpractice Claims
ecfr.gov Part 45—Medical Malpractice Claims by Members of the Uniformed Services - 10 USC 2733a: Medical malpractice claims by members of the uniformed services Text contains those laws in effect on April 21, 2025
- Servicemembers Civil Relief Act – 50 U.S.C. § 3936 (Statute of Limitations) Research & Reports
- Science Magazine Study – Disparities in Military Medical Care (2024 Summary)
- GAO Report on Racial Disparities – GAO-20-648T
- Pew Research: U.S. Military Demographics
- RAND Military Healthcare Survey (2020) – Healthcare Access Disparities
Air Force Civilian Paid Significant Multi Six Figure Settlement and Six Figure Attorneys’ Fees to Resolve Discrimination Case
Law Offices of David P. Sheldon Secures Just Resolution Following EEOC Sign-Off
Washington, D.C. – April 18, 2025 — A federal civilian employee of the United States Air Force has reached a confidential settlement in a workplace discrimination case after the U.S. Equal Employment Opportunity Commission (EEOC) approved the agreement and formally dismissed the complaint with prejudice on April 16, 2025.
The resolution followed a thorough and iterative review process by the EEOC administrative judge, who requested updates to the agreement language before ultimately granting approval. The complainant, an African American senior-ranking civilian employee, had alleged a hostile and discriminatory work environment stemming from repeated incidents involving her immediate supervisor. Claims included harassment on the basis of race and age, bullying, intimidation, and the creation of a toxic work environment.
Annie Morgan, Senior Military Attorney with the Law Offices of David P. Sheldon, represented the complainant throughout the proceedings. “This settlement represents a meaningful conclusion to a deeply distressing chapter in our client’s federal service,” said Morgan. “She showed incredible courage by coming forward and asserting her rights. We are proud to have helped her obtain justice and preserve her professional reputation.”
The terms of the agreement include both a six-figure monetary compensation including reimbursement of attorney fees and restoration by various specific administrative remedies to be applied by the Air Force. In addition, the agreement includes provisions that support transparency and post-resolution compliance monitoring, ensuring the complainant’s dignity and rights are fully restored.
While the exact financial terms of the settlement are confidential, the judge has issued a formal dismissal order, closing the case and granting the parties’ joint motion for resolution.
About the Law Offices of David P. Sheldon
Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC provides experienced legal representation in military, federal employment, and national security matters. The firm’s attorneys are nationally recognized for their advocacy on behalf of service members, federal employees, and civilians navigating complex legal disputes within government agencies.
Contact:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546-9575
www.militarydefense.com
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice or legal representation. If you or someone you know is facing injustice or abuse of authority within the federal government or military, consult a qualified attorney experienced in UCMJ and federal employment law.
Over 800 Law Firms Join Forces to Defend Constitutional Advocacy Rights in DOJ Retaliation Case Against Jenner & Block
The Law Offices of David P. Sheldon stands in solidarity with 806 other firms nationwide in a sweeping amicus brief filed today in the United States District Court for the District of Columbia. The brief supports Jenner & Block LLP in its legal challenge against a March 25 Executive Order issued by the current Administration, which imposes punitive sanctions against the firm for its client advocacy work.
The Law Offices of David P. Sheldon, a Washington, D.C.-based litigation firm focused on military and federal law, joined this powerful coalition of law firms who argue the Executive Order represents a “grave threat to the rule of law and our constitutional system of governance”.
“The retaliation we are witnessing against Jenner & Block—and previously against Perkins Coie, WilmerHale, and others—is nothing less than an abuse of executive power aimed at silencing lawful advocacy,” said David P. Sheldon, founder of the firm. “We are proud to stand with hundreds of our colleagues to affirm that the independence of the bar must not be undermined by political agendas.”
The amicus brief, officially titled Brief of Amici Curiae of 807 Law Firms in Support of Plaintiff’s Motion for Summary Judgment and for Declaratory and Permanent Injunctive Relief, underscores that the Executive Order:
- Revokes security clearances from law firm personnel,
- Denies access to federal facilities and contracts,
- Allegedly punishes the firm for pro bono activities that “undermine justice and the interests of the United States”.
Lawyers from across the political and professional spectrum warn that such actions will chill protected First Amendment activities and erode public access to legal representation.
“We’ve reached a constitutional crossroads,” Sheldon said. “If we allow government retribution against law firms based on who they represent, we dismantle the very foundation of equal justice under law.”
This brief follows similar filings in the Perkins Coie and WilmerHale cases and reflects growing concern in the legal community over executive orders targeting law firms based on their client portfolios.
Contact:
The Law Offices of David P. Sheldon
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546-9575
www.militarydefense.com
Legal Disclaimer:
This press release is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Individuals or organizations seeking legal representation should contact a qualified attorney.
Testimonial: Client Praises Law Offices of David P. Sheldon for Skilled Advocacy in Federal Background Investigation Appeal
FOR IMMEDIATE RELEASE
Washington, D.C. – The Law Offices of David P. Sheldon has received high praise from a client following the firm’s effective legal representation in a challenging background investigation appeal involving a federal agency.
In a heartfelt testimonial, K.F. expressed deep appreciation for the firm’s legal guidance and tireless advocacy, noting the team’s professionalism and dedication throughout the case.
“Despite the agency’s reluctance to render a favorable decision, Mr. Sheldon’s team rolled up their sleeves and worked diligently on my case,” said K.F. “Ashleen exhibited meticulous attention to detail and extensive knowledge, ensuring the issue was resolved efficiently and on time.”
K.F. highlighted the firm’s ability to deliver results even in complex cases involving federal protocols. The client also praised the firm’s successful handling of an earlier adverse action affecting a family member, further demonstrating the legal team’s strong litigation skills and client commitment.
“Their skills as litigators are commendable,” K.F. added. “I highly recommend their services to anyone seeking prompt and practical assistance.”
About the Law Offices of David P. Sheldon
Located in Washington, D.C., the Law Offices of David P. Sheldon is nationally recognized for its excellence in military and federal employment law. The firm represents service members, federal employees, and civilians in courts-martial, security clearance appeals, medical and disability retirement cases, and other complex legal matters. Known for its tenacity and deep legal knowledge, the firm is committed to protecting the rights and careers of its clients.
To learn more, visit www.militarydefense.com or contact the office at (202) 546-9575.
Disclaimer:
The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Individuals facing legal or administrative challenges should consult with a qualified attorney who is experienced in military and Federal law to receive guidance tailored to their specific circumstances.
Fighting for What You’ve Earned: How to Defend Your Disability and Retirement Rights in the MEB/PEB Process
The MEB/PEB Process Isn’t Just Paperwork—It’s Your Future. Here’s How to Protect It.
When you’ve served your country with honor, you deserve a fair and compassionate process when facing a medical retirement. But too often, the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) process feels anything but fair. That’s why defending your rights isn’t just about checking boxes—it’s about ensuring your future is secure.
The Process: What’s at Stake
The MEB/PEB process determines whether you are fit for duty and, if not, the level of disability compensation to which you are entitled. The decisions made during this process affect:
- Whether you are separated or medically retired
- The amount of disability pay you receive (or don’t)
- Your eligibility for TRICARE, commissary privileges, and other benefits
- Your ability to transition to VA benefits with the right rating
It’s not just a decision about your health—it’s a decision that can shape your financial security, healthcare access, and family stability for the rest of your life.
When the Rating Is Wrong
Imagine this: after months—sometimes years—of dealing with chronic pain, surgeries, or mental health challenges, you finally reach the end of your service. You expect a fair assessment. But then the PEB assigns you a 10% rating instead of 50%. That number means the difference between medical separation and a full medical retirement.
Medical separation with a low rating might offer a one-time severance. That’s it. No retirement pay. No continued TRICARE. No permanent disability compensation. And to make it worse, that rating can affect your VA benefits too.
You can appeal, but the window is tight. You’re suddenly faced with legal jargon, deadlines, and a system that doesn’t always explain your options. You’re trying to recover and plan for the next chapter—but now you’re also expected to navigate one of the most complex administrative processes in the military.
Why Legal Support Matters
This is where a skilled attorney can change everything. A legal team with experience in the MEB/PEB system can:
- Review your medical file for errors or missing documentation
- Request an Independent Medical Review
- Build a strong rebuttal for the informal PEB findings
- Represent you at a formal hearing
- Fight for the correct disability rating and retirement status
- Advise you on when and how to transition to VA claims
The process is filled with legal hurdles that are easy to trip over without help. Timelines are short, evidence rules are strict, and appealing a bad decision takes both precision and persistence.
You shouldn’t have to fight this battle alone—especially when you’re already facing the challenges of a disabling condition.
Compassion, Not Complication
You’ve carried out your duties with loyalty and resilience. Now the system should carry out its responsibility with fairness and integrity. The Law Offices of David P. Sheldon believes in standing up for those who stood up for all of us. We help ensure the MEB/PEB process doesn’t fail you, and that your rating reflects the true impact of your condition.
About the Law Offices of David P. Sheldon
Based in Washington, DC, the Law Offices of David P. Sheldon is one of the nation’s leading military and federal defense firms. We represent active duty, reserve, guard, retired, and civilian federal employees across all branches. With decades of experience in military disability, retirement law, and administrative appeals, we guide service members through every step of the MEB/PEB process and beyond—ensuring your service is honored and your rights are protected.
Disclaimer:
The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Individuals facing legal or administrative challenges should consult with a qualified attorney who is experienced in military and Federal law to receive guidance tailored to their specific circumstances.
Law Offices of David P. Sheldon Files Key Legal Motion in Military Defense Case
The Law Offices of David P. Sheldon is pleased to share an important legal update regarding a recent filing in a military defense case. Led by attorney Dylan Thayer, our firm has submitted a critical motion in the United States Court of Appeal for the District of Columbia Circuit on behalf of a dedicated service member in the United States Army. This motion seeks to overturn a wrongful conviction that threatens both the career and reputation of a decorated officer, underscoring our firm’s unwavering commitment to ensuring justice for those who serve in the armed forces.
Legal Strategy and Advocacy
The motion, filed in a high-stakes military law matter, presents compelling arguments that challenge procedural inconsistencies, evidentiary issues, and violations of due process that have unfairly impacted our client, a Senior Non-Commissioned Officer (NCO) with over 15 years of honorable service. This case involves allegations that were based on flawed investigative procedures, raising significant concerns about the fairness of the military justice process.
Attorney Dylan Thayer, an experienced advocate in military defense law, crafted a well-researched and forceful legal argument addressing key issues related to military regulations and procedural fairness. The motion highlights due process violations and improper handling of exculpatory evidence that could have significantly altered the outcome of the original proceedings.
“This filing is a testament to our firm’s dedication to fighting for service members’ rights,” said Thayer. “The stakes in this case are high—our client’s career, military benefits, and lifelong reputation are on the line. We take immense pride in providing strong, strategic legal representation to ensure that justice is upheld.”
Commitment to Military Defense
The Law Offices of David P. Sheldon has built a reputation as a leading firm in military law, representing service members across all branches of the military. Based in Washington, DC, our team is known for its expertise in courts-martial appeals, discharge upgrades, security clearance matters, and military administrative proceedings. Our attorneys bring decades of experience to the table, providing clients with top-tier legal advocacy in complex military cases.
This latest filing reflects our ongoing commitment to defending those who have dedicated their lives to serving our country. We will continue to monitor this case closely and provide updates as developments unfold.
For more information about our legal services or to schedule a consultation, visit militarydefense.com or contact our office directly 202-546-9575.
About the Law Offices of David P. Sheldon
Located in Washington, DC, the Law Offices of David P. Sheldon is a premier military defense law firm dedicated to representing service members in a wide range of legal matters. With a proven track record of success, we are committed to protecting the rights of those who serve. Learn more at militarydefense.com.
Disclaimer:
The information provided in this press release is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.