As an original member of the band Aerosmith, Joey Kramer was surprised at being left out of the band’s Grammy performance scheduled for Sunday night. Kramer says that as one of the group’s founding members, he deserves a place on stage with his bandmates. He has been attempting to get back in the band since last year. This will be the first time since the band’s creation 50 years ago that Kramer will not be performing with them during a musical event like the Grammy’s.

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The remaining members of Aerosmith – Steven Tyler, Joe Perry, Brad Whitford and Tom Hamilton – will be on stage on Sunday. The band has said he is unable to play the drums right now, but Kramer says that “could not be farther from the truth.” Kramer is planning on suing the rest of band now. “It’s not about the money,” he said. “I am being deprived of the opportunity to be recognized along with my peers for our collective, lifetime contributions to the music industry.”

Kramer sustained injuries last year and was required to audition for the band again.

The band are launching a Vegas residency next week.