Federal Court Finds Air Force Ran Illegal Disability Screening System
A federal court has ruled that the U.S. Air Force acted unlawfully by operating a pre-screening system that bypassed the mandatory disability evaluation process required by federal law. It has also ordered the Air Force to dismantle the system.
Federal Court Finds Air Force Ran Illegal Disability Screening System
In the case Watts v. Meink, the U.S. District Court for the Eastern District of Virginia granted summary judgment, finding that the U.S. Air Force lacked authority to establish an internal screening mechanism outside the federal framework. The court held that the policy violated the Administrative Procedure Act and Department of Defense Instruction 1332.18.
According to a report published by the National Veterans Legal Services Program (NVLSP) official site, “…the Eastern District of Virginia granted summary judgment for the plaintiffs, holding that the Air Force’s screening process was arbitrary, capricious, contrary to law, and an extra-statutory process the Air Force lacked authority to create.”
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What the Air Force Did Wrong
Instead of referring eligible servicemembers into the Integrated Disability Evaluation System (IDES) as required by law, NVLSP reports, “…the Air Force diverted them into an internal screening process that denied them access to the military disability evaluation system…”
Under federal law, troops who meet specific medical criteria must enter the Integrated Disability Evaluation System (IDES). The court found that the U.S. Air Force instead funneled eligible service members into a system that returned them to duty.
It did not, according to the court, evaluate them for military medical retirement. By diverting personnel into an unauthorized screening, the court found that the Air Force prevented service members from receiving:
- Formal evaluations by a Medical Evaluation Board and a Physical Evaluation Board to assess fitness for duty.
- Access to free military legal counsel during evaluation.
- Formal administrative appeal rights and hearings.
- Full evaluation for military disability retirement, pension payments, and healthcare coverage.
The lawsuit was filed on behalf of Kathleen Watts, Robert Newman, and a certified class of current and former service members from the U.S. Air Force, U.S. Air Force Reserve, and Air National Guard. The class covers people who met referral standards under Department of Defense Instruction 1332.18 from July 1, 2019, onward, but who were diverted by the internal screening policy.
The Air Force Excuse Denied by Federal Judge
According to court filings, the Air Force asserted that the process would be tricky due to incomplete administrative records, but the court rejected this defense. Poor record-keeping, the court says, does not exempt a military branch from legal compliance when an unlawful policy affects military personnel.
The federal court ordered both parties to submit supplemental briefs regarding remedies for the lawsuit. The suit asks the court to order the U.S. Air Force to dismantle the pre-screening mechanism and conduct official disability evaluations for affected personnel. This is an ongoing story.
>> Frustrated with your VA disability rating? Register for a free consultation for help with increasing your rating to get the compensation you deserve.
About the author
Editor-in-Chief Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter/editor for Air Force Television News and the Pentagon Channel. His freelance work includes contract work for Motorola, VALoans.com, and Credit Karma. He is co-founder of Dim Art House in Springfield, Illinois, and spends his non-writing time as an abstract painter, independent publisher, and occasional filmmaker.
