Recent content by Jason Perry

COVID adds an additional factor. However, it has been my experience that once a case is in the process at late November, it is subject to being impacted by a slow down for the holidays. This results in a bit of a backlog. Get to late December, same thing, but worse (because of two holidays...

It is very hard to know much about it and to have a true understanding based on the fact that there are so few instances where it comes up and there are no published decisions. It is horribly opaque. (That is also why I don't favor it; it is just too much of an unknown and unknowns are risky)...

No, I can't provide a specific example or a cite to a case. Several reasons for that (which are similar or the same for the reasons I suggested, but also I could not provide an example of a case where I fought this issue out without the permissions of my client...however, there is also no such...

I have very rarely seen COAD (or for reservists, COAR) approved. These days, I only see the cases that are from my clients or by hearing about cases through this forum. I can tell you that over the past 15 years or so, I have only seen a handful of cases that were approved. It's not that it...

The Department of the Navy has updated its previous DES regulation, SECNAVINST 1850.4E, to a new and shorter version (SECNAVINST 1850.4F). The updated regulation references this Manual which is a completely new issuance.

Jason Perry submitted a new resource: SECNAV M-1850.1 Department of the Navy Disability Evaluation System Manual - Navy DES Manual Read more about this resource...

The DoN has changed its DES regulations (effective 27 JUN 2019). This regulation supersedes the previous SECNAVINST 1850.4E. It is much shorter than the previous version, however, there is an additional new regulation, SECNAV M-1850.1 (September 2019), which covers many important issues and...

Jason Perry submitted a new resource: SECNAVINST 1850.4F - DEPARTMENT OF THE NAVY DISABILITY EVALUATION SYSTEM Regulation Read more about this resource...

If you make twenty years of service, your retirement income will be based on the minimum of 2.5% times years of service times retired base pay (which is the average of your high 36 months of basic pay). Additionally, you will likely qualify for dual receipt under CRDP if you make 20 years of...

I am not a doctor and I can't provide medical advice. However, you might resolve the issue by complying now (i.e., start using the prescribed CPAP). You might also need to have some adjustments to the device. Maybe it is a different mask/device. Maybe it is titration of the device (i.e...

Look at this from AR 635-40: "5-18- Failure to comply with prescribed treatment a. There are many conditions, such as neuropsychiatric disorders, asthma, hypertension, epilepsy, diabetes, and certain injuries, which may be improved sufficiently by treatment to prevent disability or to...

Sounds like your MEB is not near completion. Given the new diagnosis, I would think your NARSUM and Commander's Impact Statement (AF Form 1185) would have to be substantially revised. I just point out that if you do get an approved retirement (which I think would actually require the...

I have very rarely seen a COAD approval. Years ago (around 2006- 2008 maybe) I used to see it rarely approved. I can't say that it is not every approved now, but, I can't say either that it is something I have come across at all in the past few years. That doesn't mean that it never happens...