Military legal representation Archives

Law Offices of David P. Sheldon Secures Disability and Retirement Benefits in Medical Evaluation Board Determination

Posted on March 31, 2025April 1, 2025 by Becky Haugen

Washington, DC — April 1, 2025 — The Law Offices of David P. Sheldon announces a successful challenge to a Medical Evaluation Board (MEB) determination on behalf of a Commissioned Corps Officer. Following submission of an Officer Response Form requesting a Full & Fair Hearing with the Medical Appeals Board, the USPHS found the officer unfit for duty, not due to his misconduct, but due to his service-connected disability. This allows him to earn his rightfully owned retirement benefits and corresponding VA benefits.

“When military service results in a disability, which prevents a service-member from finishing their career, they are entitled to compensation for that disability and to the retirement benefits they have rightfully earned,” said Senior Military Defense Attorney Annie Morgan. “We’re proud to have secured this fitness‑for‑duty determination, ensuring our client will have the resources – both financial and medical – to properly treat his service-connected disability moving forward.”

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

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon, headquartered in Washington, D.C., is a nationally recognized firm specializing in military and federal employment law. With decades of combined experience, the firm advocates for servicemembers, veterans, and federal employees facing administrative injustices, ensuring their rights are protected and their records accurately reflect their service. Known for its commitment to integrity, personalized client service, and tenacious representation, the firm has successfully secured corrections of military records, restoration of benefits, and vindication of career reputations.

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.

Why Military Members Choose The Law Offices of David P. Sheldon for Medical Evaluation Board Defense

Posted on March 17, 2025March 25, 2025 by Becky Haugen

Defending Your Career: Why Military Members Choose The Law Offices of David P. Sheldon for Medical Evaluation Board Defense

For both uniformed and non-uniformed military members, the prospect of facing a Medical Evaluation Board (MEB) can be daunting. The consequences of an unfavorable MEB outcome can significantly jeopardize a service member’s career, benefits, and future opportunities. This is where the expertise of The Law Offices of David P. Sheldon comes into play, providing robust legal guidance and representation during one of the most challenging phases of a military career.

Navigating the Complex MEB Process

The MEB process is inherently complicated. Whether you are an active-duty service member or part of the United States Public Health Service (USPHS), the evaluation involves a rigorous review of your medical fitness and readiness. A misstep in this process may result in severe repercussions, including loss of career credits, promotions, and even benefits. The Law Offices of David P. Sheldon specialize in ensuring that every step of the MEB process is handled with precision. Their legal guidance ensures that:

Members’ Rights Are Protected: By providing thorough representation, they work to ensure that the proper reviews are conducted, safeguarding the service member’s legal rights.
Career and Benefits Are Secured: The firm’s proactive approach helps maintain a member’s present career status while also preserving long-term benefits, promotions, and medical funding.
Informed Decisions Are Made: Navigating an MEB requires accurate and current information. The firm assists in ensuring that every decision is well-informed and in the best interest of the service member’s career.

The Critical Role of Legal Representation

Uniformed and non-uniformed military members alike face significant challenges during the MEB process. The Law Offices of David P. Sheldon understand that the stakes are high. When a member is confronted with allegations regarding readiness or fitness, the impact can extend far beyond immediate career setbacks. Legal representation becomes indispensable because:

It Provides Expert Guidance: With specialized knowledge in military and public health service law, the firm is well-equipped to challenge unjust decisions and protect the client’s interests.
It Secures Long-Term Career Prospects: Proper legal support can be the difference between an MEB decision that derails a career and one that fairly represents the member’s potential for future service and advancement.
It Reduces the Risk of Injustice: An MEB is not just a review of medical conditions; it is a directional shift in a member’s career. Without the support of experienced legal counsel, service members risk losing hard-earned benefits and career achievements.

The Importance of Timely MEB Retirement

A critical aspect often overlooked in the discussion of MEBs is the timing of retirement from the board. When members are retired from the MEB process at an appropriate rate, several key benefits emerge:

Prevention of Career Disruption: Timely retirement from the MEB can prevent prolonged uncertainty and the potential loss of career credits. It ensures that service members can continue to pursue their professional goals without undue interruption.
Maintaining Readiness and Fitness: For both uniformed and non-uniformed members, being retired from the MEB process at the right time helps maintain their operational readiness and ensures that their physical and mental fitness is accurately represented.
Protecting Future Opportunities: When legal experts secure an appropriate rate of MEB retirement, it safeguards a member’s eligibility for promotions, advanced training, and future service opportunities. This not only protects current career standing but also sets the stage for long-term success.

A Partnership Built on Trust and Expertise

The Law Offices of David P. Sheldon have built a reputation for providing the highest level of care to service members facing the MEB process. Their commitment to excellence, deep understanding of military and public health service regulations, and a track record of successful case management make them an invaluable ally for any military member. By hiring their services, members are not merely hiring a lawyer; they are securing a partnership dedicated to defending their rights, preserving their career achievements, and ensuring a just evaluation process.

Conclusion

For uniformed and non-uniformed military members facing the daunting challenges of a Medical Evaluation Board, expert legal representation is not just beneficial—it is essential. The Law Offices of David P. Sheldon offer comprehensive legal support designed to protect service members’ rights, secure long-term career benefits, and ensure that the MEB process is handled fairly and efficiently. By prioritizing appropriate retirement from the MEB process, they help safeguard not only the immediate career prospects of service members but also their future in service.

Disclaimer:

The information provided in this article 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.

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

Posted on February 21, 2025March 25, 2025 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.

Law Offices of David P. Sheldon, PLLC Files Lawsuit Against U.S. Air Force Over Delayed Wrongful Death Claim

Posted on February 17, 2025March 25, 2025 by Becky Haugen

Law Offices of David P. Sheldon, PLLC Files Federal Lawsuit Against U.S. Air Force Officials Over Unreasonable Delay in Wrongful Death Claim

Washington, D.C. – February 17, 2025 – The Law Offices of David P. Sheldon, PLLC has filed a lawsuit in the United States District Court for the District of Columbia on behalf of Shawn Bogen, a widow seeking justice after the tragic drowning of her husband, Andrew Bogen, at a Department of the Navy-managed swimming facility in Japan.

The lawsuit, filed against senior officials of the United States Air Force, including Chief of the Foreign Torts and Litigation Branch, Stephen J. Eriksson, and Acting Secretary of the Air Force, Gary A. Ashworth, challenges the agency’s failure to take timely action on Ms. Bogen’s wrongful death claim under the Military Claims Act (MCA).

Mr. Bogen, a civilian Department of Defense Education Activity teacher, drowned at the Purdy Fitness Center Pool in Yokosuka Naval Base, Japan, on August 29, 2022. Despite visible distress, on-duty lifeguards failed to respond promptly, resulting in his untimely death.

Ms. Bogen initially filed her claim under the MCA in November 2023, yet the Air Force has refused to either approve or deny the claim, instead insisting that she first pursue a separate claim under the Federal Employees’ Compensation Act (FECA)—despite clear legal precedent demonstrating that FECA does not apply in this case.

“The government’s refusal to take action on Mrs. Bogen’s claims is not just an administrative failure—it is an injustice,” said Dylan Thayer, lead counsel for the plaintiff. “By unlawfully withholding and unreasonably delaying a decision, the Air Force is denying a grieving widow the closure and compensation she is legally entitled to.”

The lawsuit, brought under the Mandamus Act (28 U.S.C. § 1361) and the Administrative Procedure Act (5 U.S.C. § 706(1)), seeks a court order compelling the Air Force to take immediate action on Ms. Bogen’s claims and provide the justice she and her family deserve.

The Law Offices of David P. Sheldon, PLLC remains committed to holding military and government agencies accountable and ensuring fair treatment for service members, federal employees, and their families.

For more information, please contact:

David P. Sheldon
Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, D.C. 20003
Phone: (202) 546-9575
Website: www.militarydefense.com

Disclaimer:

Military Defense Attorneys: Protecting Your Rank, Benefits, and Justice

Posted on January 28, 2025March 25, 2025 by Becky Haugen

Defending the Rights of Military Professionals: Protecting Your Rank, Benefits, and Justice

The brave men and women who serve in our military dedicate their lives to protecting the freedoms we enjoy every day. In return, it is only fair that they receive the protections they deserve when it comes to their careers, benefits, and justice. However, recent changes in policies and executive orders can create confusion, uncertainty, and in some cases, threats to these essential rights.

Military professionals, whether enlisted or civilian, need reliable resources and expert legal representation to ensure their rights are upheld, their careers are protected, and their futures are secure. This is where the Law Offices of David P. Sheldon step in, providing responsible and experienced legal advocacy for uniformed and non-uniformed professionals alike.

Your Rights and Why They Matter

Military members face unique challenges compared to their civilian counterparts. From the Uniform Code of Military Justice (UCMJ) to complex administrative processes, military professionals are subject to a distinct set of laws and regulations. These include:

– Rights to Due Process: Whether facing administrative separation, court-martial, or adverse personnel actions, you are entitled to fair process and the opportunity to defend yourself.

– Protection of Rank and Benefits: Years of service translate to earned benefits, retirement pay, and rank. Losing these due to unjust actions or lack of representation can have devastating consequences for your future.

– Employment Protections: Non-uniformed professionals, such as defense contractors and civilian employees of the Department of Defense (DoD), also face challenges, including employment disputes, security clearance issues, and discrimination claims.

Recent policy shifts such as reinstating service members previously discharged for refusing COVID-19 vaccinations and changes to diversity and inclusion initiatives may introduce legal complexities, impacting service members employment, benefits, or assignments.

Legal Challenges Facing Military Professionals

Military service comes with its own set of potential legal hurdles:

– Administrative Discharges: Service members facing separation from the military may lose critical benefits such as healthcare, GI Bill eligibility, and retirement pay.

– Court-Martial Proceedings: Criminal allegations under the UCMJ require experienced legal defense to ensure justice is served and careers are not unjustly ruined.

– Security Clearance Revocations: Losing a security clearance can effectively end a career for many military and non-uniformed professionals working in sensitive roles.

– Discrimination or Retaliation: Policies, biases, or personal disputes may lead to discriminatory actions or retaliation against service members or civilian employees, threatening their careers.

How the Law Offices of David P. Sheldon Can Help

The Law Offices of David P. Sheldon have been a steadfast advocate for military professionals for over two decades. Their deep understanding of military law and dedication to protecting service members’ rights make them a trusted partner for those navigating complex legal challenges. Here’s what sets them apart:

– Expertise in Military Law: From defending service members in court-martial cases to advocating for civilian DoD employees, the firm has unparalleled experience in military justice matters.

– Protecting Your Benefits: They understand the importance of preserving rank, retirement benefits, and healthcare, and they fight tirelessly to safeguard these essential resources.

– Comprehensive Representation: Whether you’re uniformed or non-uniformed, active duty, Reserve, National Guard, or a civilian contractor, their team provides tailored legal representation for your unique circumstances.

– Commitment to Justice: The firm believes in holding the system accountable to ensure fairness, transparency, and respect for your rights.

Why You Deserve Representation

In the face of changing policies and potential legal challenges, protecting your career and benefits requires more than just hope, it requires action. Navigating military justice and employment law without experienced representation can be overwhelming and costly.

The Law Offices of David P. Sheldon stand ready to defend your rights and ensure that your years of service and dedication to the mission are respected and protected. They offer representation for a wide range of cases, including:

– Court-martial defense

– Discharge upgrades

– Security clearance challenges

– Employment disputes

– Discrimination claims

Taking the First Step

If you or someone you know is facing a legal challenge in the military or as a DoD civilian, don’t wait until it’s too late. Reach out to experienced professionals who understand the intricacies of military law and will fight for your rights, benefits, and justice.

Contact the Law Offices of David P. Sheldon today to schedule a consultation and take the first step toward protecting what you’ve earned through your dedicated service. Your career, your benefits, and your future are worth fighting for and with the right legal representation, you can ensure they are safeguarded.

For more information on how the Law Offices of David P. Sheldon can assist you, visit their website: MilitaryDefense.com or call 202-546-9575 for a consultation.

Disclaimer: