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

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.

 

Honoring Service: Legal Team Wins Medical Retirement for Dedicated USPHS Officer

April 4, 2025

Senior Public Health Service Officer Secures Medical Retirement with Legal Representation from the Law Offices of David P. Sheldon

WASHINGTON, D.C. — A senior officer in the U.S. Public Health Service (USPHS) Commissioned Corps has successfully obtained a medical retirement following an in-depth review by the Medical Review Board and final approval by the Office of the Surgeon General. The officer was represented by Annie Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon, PLLC.

The officer served the nation with distinction for more than a decade, including frontline deployments during public health emergencies. Despite a history of exceptional service, the officer developed service-connected medical conditions that rendered continued service untenable. After a thorough review, the Medical Review Board recommended permanent medical retirement, which was approved with an effective retirement date.

Annie Morgan, the officer’s legal representative, praised the outcome:

“This result reflects both the strength of our client’s record and the importance of advocating for the rights of officers who can no longer serve due to medical conditions that they incurred while in service. We’re proud to stand beside those who’ve sacrificed their health in service to this country.”

This case marks yet another success for the Law Offices of David P. Sheldon, which is nationally recognized for representing USPHS members, service members, officers, and federal employees in complex legal and administrative matters, including medical retirement, disability evaluation, courts-martial, and correction of military records.

About the Law Offices of David P. Sheldon

Located in Washington, D.C., the Law Offices of David P. Sheldon is a premier military law firm dedicated to defending the rights of U.S. service members and federal employees across all branches and uniformed services. The firm specializes in military justice, administrative law, disability and retirement proceedings, and appeals before military and federal courts. Led by founding attorney David P. Sheldon and supported by a team of seasoned litigators, the firm brings decades of experience and an unwavering commitment to justice.

Contact:

Law Offices David P. Sheldon, PLLC
202-546-9575
militarydefense.com

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.