April 2025

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

Posted on April 4, 2025April 4, 2025 by Becky Haugen

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.

Federal Court Rejects Army’s Denial of Reservist’s Application for Retirement Benefits

Posted on April 3, 2025 by Becky Haugen

Federal Court Rejects Army’s Denial of Reservist’s Application for Retirement Benefits

Federal Judge Finds Army’s Decision Arbitrary, Siding with Plaintiff Represented by Law Offices of David P. Sheldon

WASHINGTON, D.C. — April 3, 2025 — A federal court has sided with a retired Army Reserve officer in her challenge to the Army’s decision to separate her just four months shy of qualifying for military retirement. The case, brought under the Administrative Procedure Act, was remanded for further proceedings after U.S. District Judge Loren L. AliKhan ruled that the Army’s reasoning for denying retirement benefits was “arbitrary and capricious.”

The plaintiff, a decorated Lieutenant Colonel with nearly 18 years of honorable service, had sought a modest extension of her service to reach the 20-year retirement threshold. Although her original position was deemed “overstaffed,” she successfully pursued a transfer to an understaffed Civil Affairs unit only to be discharged days before the transfer was finalized.

The Army Board for Correction of Military Records unanimously recommended correcting her records to reflect 20 years of service and to award retroactive retirement pay. But in a move the court called confusing and unsupported, a Deputy Assistant Secretary of the Army overruled that recommendation in a single paragraph. The court determined that the Army’s rejection lacked any meaningful explanation and misunderstood key facts in the case.

“This case isn’t just about one soldier, it’s about fairness and accountability in how the Army treats its own,” said Dylan Thayer, the plaintiff’s attorney and partner at the Law Offices of David P. Sheldon, a D.C.-based firm known for championing military rights. “We’re proud to fight for service members who’ve earned the benefits they were promised.”

The court’s decision sends the matter back to the Army for further review, giving the plaintiff a renewed chance to secure the retirement benefits she should have rightfully received.

About the Law Offices of David P. Sheldon
Based in Washington, D.C., the Law Offices of David P. Sheldon is one of the nation’s premier military law firms. With a track record of defending the rights of service members across all branches, the firm handles courts-martial, correction of military records, medical retirement claims, and constitutional rights cases. Visit www.militarydefense.com for more information.

Fighting for What You’ve Earned: How to Defend Your Disability and Retirement Rights in the MEB/PEB Process

Posted on April 1, 2025 by Becky Haugen

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.