Federal Court Strikes Down Air Force’s Unlawful Disability Screening System
– Judge Rules Air Force Created Unauthorized Process That Denied Thousands of Eligible Servicemembers the Disability Rights Guaranteed by Congress–
FOR IMMEDIATE RELEASE: August 7, 2026
ARLINGTON, VA— A federal judge today ruled that the Air Force unlawfully denied thousands of current and former servicemembers access to the military’s disability evaluation system by creating an unauthorized screening process that bypassed the procedures required by Congress and the Department of Defense.
In Watts v. Meink, the United States District Court for 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. Instead of referring eligible servicemembers into the Integrated Disability Evaluation System (IDES) as required by law, the Air Force diverted them into an internal screening process that denied them access to the military’s disability evaluation system and the protections Congress guaranteed.
Those protections include evaluation by a Medical Evaluation Board and Physical Evaluation Board, representation by military counsel at no cost, formal hearings, appeal rights, and consideration for military disability retirement and disability benefits. The Court also held that the named plaintiffs possessed protected due process rights and directed the parties to submit briefing regarding the appropriate relief for the certified class.
The lawsuit was brought by the National Veterans Legal Services Program (NVLSP) and Ashurst Perkins Coie on behalf of Ms. Kathleen Watts, Mr. Robert Newman, and a class of similarly situated Air Force servicemembers and veterans who were unlawfully denied access to the medical retirement process.
Under the challenged policy, service members were denied entry into IDES altogether, stripping them of these mandatory protections. Both of the named plaintiffs were returned to duty and denied medical retirement consideration solely due to this pre-screening process.
Plaintiffs argued in their motion for summary judgment that the Air Force’s pre-screening process violates the Due Process Clause and the Administrative Procedure Act, by failing to comply with mandatory requirements in 10 U.S.C. § 1071 and U.S. Department of Defense Instruction (“DoDI”) 1332.18.
The Court agreed that the pre-screening process violated the Administrative Procedures Act and was arbitrary, capricious, and contrary to law. The Court found that plaintiffs Watts and Newman had due process rights, because they were qualified for referral to the IDES. The Court asked the parties to submit briefing regarding the appropriate remedy.
“Today’s decision means the Air Force cannot deny servicemembers the disability evaluation process Congress required,” said Esther Leibfarth, Senior Managing Attorney at NVLSP. “For years, thousands of wounded and ill Air Force servicemembers were diverted into an unlawful process that stripped them of the rights and protections guaranteed under federal law. The Court made clear that the Air Force cannot replace the system Congress created with one of its own making.” The NVLSP team also includes Director of Lawyers Serving Warriors® Rochelle Bobroff and Staff Attorney Matthew Handley.
About NVLSP
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 18 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP’s success in these lawsuits has resulted in more than $7.2 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation’s definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information, go to nvlsp.org.
Media contact:
Patty Briotta, office 202-621-5698, patty@nvlsp.org