Soldier sues Army secretary over retirement

Soldier sues Army secretary over retirement

By Kelly Kennedy - Staff writer
Posted : Wednesday Nov 19, 2008 14:55:44 EST

A soldier filed a lawsuit against the secretary of the Army on Oct. 31 stating his military retirement case was handled illegally.

Military Times first wrote about Capt. James Wollman’s case in June 2006, after the military found his ankylosing spondylitis was a pre-existing condition, even though it was not diagnosed until after he joined the military and served a combat tour in Iraq, and there was no proof — or reason to believe — the disease had surfaced before he joined.

In fact, a surgeon with the 1st Armored Division wrote a letter to the Physical Evaluation Board stating that she believed several mistakes had been made and that his disease was not a pre-existing condition.

Ankylosing spondylitis is a disease of the immune system that causes severe back problems.

Wollman filed the lawsuit after several years of enduring a labyrinthine review process studded with roadblocks.

The military initially ruled his condition to be pre-existing when he went through the disability retirement process in 2005. The U.S. Army Physical Disability Agency agreed with the findings.

Wollman then took his case to the Army Disability Review Board because he said his disability is service-connected and was also aggravated by his time in the military.
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http://www.armytimes.com/news/2008/11/military_wollman_lawsuit_111908w/