A decorated U.S. Navy veteran has taken his fight for justice to the U.S. Court of Appeals for the D.C. Circuit, challenging what he contends is an unfair and unlawful disability rating that stripped him of the retirement benefits he earned through combat service. Represented by attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the case asks the appellate court to correct a series of errors by the Navy’s Physical Disability Board of Review (PDBR).
A Story of Service and Sacrifice
This veteran served honorably as a Petty Officer First Class in covert reconnaissance squadrons, flying dozens of combat missions across Iraq, Afghanistan, and the Balkans. His role placed him in direct danger, tracking enemy positions, calling in strikes, and witnessing devastation at close range.
One mission in particular, an air campaign that resulted in over 180 enemy combatants killed in action, left lasting scars. In the months that followed, he developed the hallmarks of post-traumatic stress disorder (PTSD): intrusive memories, nightmares, anxiety, and depression. By 2007, Navy doctors determined his PTSD was permanent, ending his career as a flight technician.
Despite his clear diagnosis, the Navy awarded him only a 10% disability rating, far below the 50% rating mandated by federal law (VASRD § 4.129) for service-related PTSD severe enough to cause separation from service. That rating meant severance pay instead of medical retirement, a decision that has denied him lifetime benefits for over 15 years.
A Long Legal Battle
The veteran sought relief through the PDBR, which in 2022 admitted his PTSD was service-connected and warranted a retroactive 50% rating. Yet the Board simultaneously cut his rating back to 10% without ever conducting a follow-up medical examination, contradicting both statute and regulation.
Federal district court upheld the Navy’s decision earlier this year, prompting the veteran to appeal. His case now rests with the D.C. Circuit, where his attorneys argue that the Navy’s actions were arbitrary, capricious, and contrary to law and that the proper remedy is full medical retirement.
“This case is about more than numbers on a chart,” said Dylan Thayer, lead counsel. “It is about honoring the sacrifices of those who served in combat, ensuring that the law is applied fairly, and correcting years of injustice.”
Broader Implications
The outcome of this appeal could have lasting implications for thousands of veterans who were medically separated with low ratings between 2001 and 2009, a period Congress has acknowledged was plagued by systematic under-rating of combat-related disabilities.
For this veteran, the case is deeply personal. “After everything he gave in service to his country, he deserves the benefits promised under law,” Thayer added.
Disclaimer
This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney–client relationship. Every case is unique, and results depend on the facts and circumstances of each matter.
About the Law Offices of David P. Sheldon, PLLC
The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally recognized boutique law firm representing service members, federal employees, and veterans in complex military and federal employment matters. With decades of combined experience, the firm advocates for those facing injustice in courts-martial, boards of inquiry, correction boards, security-clearance cases, and federal appeals.