The Joint Federal Travel Regulations changes the highest CONUS meals and incidental expenses (M&IE) rate to $64, effective October 1, 2005.

Denise was traving to Italy and submitted a letter from her personal physician, an orthopedic surgeon, in support her request to be upgraded to business class due to suffering from osteoarthritis in her knees which restricted her ability to sit in cramped spaces for extended periods of time. Her agency rejected her request after forwarding it and the doctor’s recommendation to an outside expert, a specialist for internal medicine, for a second opinion who advised that her condition could be accommodated either by bulkhead seating or the purchase of two economy class seats as provided by JTR C2200-G.

Denise responded that bulkhead or two economy seats would not allow her to raise her legs and asked the agency to reconsider. In support of her second request, her doctor completed an agency medical for where it identified her conditions, said Denise would "suffer increased pain and swelling" and where a "yes" or "no" answer was requested in response to a question asking if bulkhead seating was adequate, the doctor wrote "possibly" adding business class would be better. Further, he noted travel in could seating was limited to 30 minutes, periodic movement around the cabin would not accommodate her circumstances and in-flight exercise or two adjoining coach seats would not be a sufficient alternative. The agency forwarded the reconsideration requrest and new medical documentation to its outside expert who determined there was "no objective medical evidence" that precluded bulkhead seating. Based on the medical opinion, the agency refued to change its original rejection of the request. Denise appealed.

The Board sided with Denise and made clear the agency’s refusal to authorize the upgrade was unreasonable. It stated though as a general rule government employees are limited to coach class accommodations, the JTR C2200-A2.c provides for exceptions where premium class accommodations can be approved due to "medical reasons" where bulkhead or two economy seats cannot meet the requirements. The Board stated the agency’s decision represented an "uncritical" acceptance of its own doctor’s recommendation improperly disregarded the recommendation of Denise’s physician – an orthopedic specialist. Finally, the Board ruled that the agency was "fixated" on the word "possibly" and ignored the other findings (e.g. coach travel limited to 30 minutres, periodic movement would not help, two adjoining seats were insufficient) (Denise Martin, GSBCA 16666-TRAV).

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