I checked my setup - there is 37 1/2" between the seat and FOPS. When I sit down, there is 38 1/2" (best as I can measure while sitting on it - measurements from the top of the pads, not the bottoms of the creases between pad sections). When the suspension is adjusted properly, my hat does not hit the FOPS when going over large bumps. I am not looking at it but I suspect I could gain an inch by getting rid of the front/back rails. I never adjust it but a row of holes on the plate would allow for "permanent" adjustability.
Ken