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An Air Force Ankylosing Spondylitis case

January 2024

AF Pilot separated by the PEB for Ankylosing Spondylitis-on remand to the AFBCMR from the Court of Federal Claims- Retirement and increase of ratings 

After originally filing with the Air Force Board for Correction of Military Records seeking an increase in ratings and retirement in the unfitting condition of Ankylosing Spondylitis (AS), we filed suit in the US Court of Federal Claims seeking an increase in ratings and military retirement based on multiple joints being affected by AS. The judge agreed that the Air Force failed to consider all joints affected and a rating based on the active process. Initially, we won a partial grant of relief, increasing the rating for the active process, but the judge and the Department of Justice attorney agreed that the AFBCMR did not properly address the chronic residuals of all joints affected by AS.

After another remand, the AFBCMR agreed that all of the affected joints must be rated as chronic residuals. The end result was an increase from 20% and separation to 70% and permanent disability retirement.  Back pay awarded and a lifetime compensation of several hundreds of thousands of dollars over the original result. 

Practice area(s): Administrative Law, Civil Litigation, Government

Court: US Court of Federal Claims

Jason Perry

I am a former active duty Judge Advocate who served as a Soldiers' Counsel at the Texas Physical Evaluation Board. In that position, I represented more than 200 Soldiers at formal hearings with impressive results. In addition to representing Soldiers, I was responsible for training new attorneys ...

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