Tag: Law Offices of David P. Sheldon PLLC

Betrayed by the System: Honorably Separated Army Veteran Fights Back After Privacy Breach

Posted on by Becky Haugen

Former Army Soldier Brings Lawsuit under the Privacy Act Seeking Justice for the Illegal & Unlawful Dissemination of Documents Within His Official Military Personnel File.

In a new federal lawsuit filed in the United States District Court for the District of Columbia files against the Department of the Army for violations of the Privacy Act, 5 U.S.C. § 552a, a former Army soldier fights back. The case tells the story of a decorated Army veteran whose confidential military records were unlawfully accessed and weaponized in a personal dispute, leading to profound personal and economic harm.

The plaintiff, a former Staff Sergeant honorably discharged after nearly a decade of service, had earned multiple commendations, including the Army Commendation Medal and three Army Achievement Medals. His Official Military Personnel File (OMPF), protected under federal law, should have remained confidential. Instead, a tangled web of misconduct ensued: through illicit access by a member of his former unit, personal records including an official photograph stamped “FOR OFFICIAL USE ONLY” were leaked to his estranged former girlfriend who was unaffiliated with the military. Those records were then used maliciously during court proceedings to shame and discredit him.

This filing asserts that a current Army Staff Sergeant deliberately obtained and shared these records without consent or legal justification, violating the core tenets of the Privacy Act. A subsequent Army investigation confirmed the breach, yet the Army withheld details of disciplinary action against the violator, citing “privacy concerns,” a bitter irony, considering the veteran’s rights had already been severely violated.

At stake is not merely personal redress. This case seeks to hold the Army accountable for systemic failures in safeguarding service members’ records. The complaint demands monetary damages for emotional and financial injuries, the correction of inaccurate or derogatory records, and legal fees, but more critically, it serves as a bellwether to ensure federal agencies uphold their sacred trust to protect those who have served.

What This Filing Means for the Defendant

The Department of the Army must now answer for its breach of duty under the Privacy Act. The lawsuit challenges not only the actions of the individuals involved but also the Army’s systemic inability to prevent, detect, or properly respond to the unauthorized disclosure of protected information. A successful verdict could force greater transparency, reform, and accountability within military record-keeping systems.

Correcting a Deep Wrong

Beyond personal vindication, this legal action seeks to affirm a basic principle: that those who serve their country should not have their private histories weaponized against them. Through this suit, the plaintiff demands that the government right this wrong, restoring dignity, enforcing accountability, and strengthening privacy protections for all service members.

About the Law Offices of David P. Sheldon:

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally recognized military and federal employment law firm. With decades of experience defending service members and federal employees, the firm brings unparalleled dedication to safeguarding the rights, careers, and reputations of those who serve our nation.  The firm previously won the right of servicemembers the right to sue in Cummings v. Department of the Navy and In re: Sealed Case, Mr. Sheldon won the right for National Guard members to sue under the Privacy Act-even if the member is under state orders.

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

SCOTUS Ruling Changes How VA Disability Claim Appeals Are Handled

Posted on by Becky Haugen

Protecting Your Rights: Why Strong Medical Documentation is Vital for Your VA Disability Claims

By the Law Offices of David P. Sheldon, PLLC

Washington, D.C. — The United States Supreme Court’s recent decision in Bufkin v. McDonough (March 5, 2025) has changed the landscape for veterans seeking to challenge the denial of VA disability claims. In a 7-2 ruling, the Court held that the U.S. Court of Appeals for Veterans Claims must apply a “clear error” standard when reviewing factual findings made by the VA. In practical terms, this means courts are no longer permitted to reassess the evidence independently; they may only overturn a VA decision if it is “clearly erroneous.” (SCOTUS Opinion)

This shift serves as a wake-up call to both active-duty service members and veterans: your best chance to protect your benefits begins at the first step of the process. If you do not thoroughly document your disabilities and service-related injuries from the outset, it becomes far harder to fix mistakes later.

We at the Law Offices of David P. Sheldon want to emphasize what this means for you.

When you apply for disability benefits, the VA evaluates your case primarily based on the medical records, service treatment records, and personal statements you provide. Historically, veterans were given a degree of deference under the “benefit of the doubt” rule codified in 38 U.S.C. § 5107(b). However, following Bufkin, even if the evidence is close, unless you can show that the VA made a clear, undeniable mistake, appeals courts are bound to uphold the VA’s decision.

Therefore, the burden is squarely on the veteran to submit compelling, well-documented, and complete evidence from the start.

  • Medical examinations should be thorough and service-connected.
  • Independent medical evaluations (IMEs) can make a powerful difference.
  • Personal statements must be detailed, credible, and consistent.
  • Buddy statements from fellow service members or supervisors should corroborate your claims.
  • Any psychological conditions (such as PTSD) must be clearly diagnosed and linked to specific in-service events.

Additional resources that may assist you:

For active-duty service members, it is crucial to document every injury, illness, and incident while you are still in uniform. Insist that every medical complaint is recorded accurately in your service treatment records. A casual “I’ll tough it out” attitude could cost you dearly years later.

For retirees and separated veterans, if you suspect you were short-changed by the VA or if your condition has worsened, gather updated medical evaluations immediately. Do not rely on the appeal process alone to “correct” a weak record — build the strongest possible case at the earliest opportunity.

The Law Offices of David P. Sheldon has decades of experience fighting for the rights of service members and veterans nationwide. We understand how to craft persuasive legal arguments, but we cannot stress enough: you are your own best advocate when it comes to creating the factual record the law now demands.

In the wake of Bufkin v. McDonough, protecting your rights is about more than simply applying for benefits — it is about strategically defending your future from the very first form you file.

If you have questions about your disability rating, pending claims, or appeal strategies, contact our office today. We are honored to stand beside those who have served.

 

About the Law Offices of David P. Sheldon, PLLC Located in Washington, D.C., the Law Offices of David P. Sheldon represents service members and veterans nationwide in matters of military justice, security clearance defense, disability claims, and federal employment rights. Our mission is to ensure that every service member receives the full measure of justice and benefits they deserve.

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

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Please contact an attorney for personalized guidance.