Tag: military disability benefits

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.

Veteran Files Federal Lawsuit to Correct Military Records for Denial of Earned Combat Honors and Benefits

Posted on by Becky Haugen

Veteran Challenges Army’s Denial of Earned Honors and Benefits in Federal Court

Washington, D.C. – The Law Offices of David P. Sheldon, P.L.L.C., announced today that a federal lawsuit has been filed challenging the Army Board for the Correction of Military Records’ refusal to award a decorated U.S. Army veteran full medical retirement, back pay, and well-earned honors for combat service. Attorney Dylan Thayer, of the Washington, D.C.-based firm, is representing the plaintiff in this case, which seeks to correct unjust decisions made regarding his military record and disability benefits.

The lawsuit, filed in the U.S. District Court for the District of Columbia, argues that the Army improperly denied the plaintiff the Combat Action Badge and the Purple Heart, despite clear evidence of combat injuries and engagement with enemy forces. The legal action also challenges the Army’s decision to discharge the plaintiff with a partial disability severance rather than granting full medical retirement.

“Our client has given years of honorable service to his country and has suffered significant, documented combat injuries,” said Dylan Thayer. “The Army Board’s refusal to grant him the recognition and compensation he rightfully deserves is both unjust and inconsistent with the law. This lawsuit seeks to correct these wrongs and ensure that his sacrifices are properly honored.”

The complaint asserts that the Army’s denial was arbitrary, capricious, and contrary to military regulations. Despite overwhelming medical and service records supporting the plaintiff’s claims, the Board refused to amend his records or provide the benefits to which he is entitled.

“The Army’s decision contradicts its own regulations and policies,” said Thayer. “We are confident that the court will recognize the injustice in this case and direct the Army to rectify these errors.”

This lawsuit is part of a broader effort by The Law Offices of David P. Sheldon to advocate for veterans who have been denied benefits through wrongful injustices and denial of the law.

For further information or media inquiries, please contact:

Law Offices of David P. Sheldon, P.L.L.C.
100 M Street, S.E., Suite 600
Washington, D.C. 20003
Phone: 202-546-9575
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.