Recent content by johnbgately

  1. johnbgately

    Can you appeal an VARR?

    I agree, and what you are describing seems very strange, as VA DROs focus on the issue for which you are seeking reconsideration. If you would care to message me offline, I would like to learn more about what happened in your case.
  2. johnbgately

    Can you appeal an VARR?

    Simple answer, no. The normal course of action would be to file for a raitng increase shortly after leaving active duty and then, depending on your branch of service, petition the BCMR or BCNR to seek a retroactive increase in your DoD disability rating. That being said, there have been three...
  3. johnbgately

    VA Rating Reconsideration Timeline??

    This question is actually more complex than you may think- the answer is partly dependent on your branch of service and partly on the complexity of the request. VA Reconsideration Requests ("VARRs") for Army personnel (AD, Guard, and Reserve) are processed through the VA Rating Activity at...
  4. johnbgately

    How AI Scribe Software Can Hurt Your IDES or LDES PEB Case

    Adapted from Kim Komando, The Current Newsletter, April 23, 2026 Here's something your doctor probably hasn't mentioned — there may be an AI in the room with you. At about one in three doctors’ offices across the country, an AI scribe is quietly recording your entire visit. Everything you say...
  5. johnbgately

    MESSED UP NARSUM

    This is the problem with the USAF RILO process- essentially, the med board before the med board, which determines on an initial level whether you can be returned to duty, given assignment limitations, or directed towards a full MEB. It is a uniquely Air Force phenomenon in which there is no...
  6. johnbgately

    Will This Bring My Case To A Halt?

    The PEB phase continues in parallel to the adverse action flag, suspended article, and chapter process; however, you should have been put on notice that this was a dual processing case by your Commander's responses in Section II of your DA-7652. Were you provided a copy of the DA-7652? I would...
  7. johnbgately

    NAVY FPEB

    Your command can always put in a request for an expedited hearing date. However, before asking your command to request an expedited hearing, please make sure that your attorney- whether they are private counsel or your government-assigned attorney- is aware of what you are doing so that they are...
  8. johnbgately

    NAVY FPEB

    Hi, I was referring to the time period from adjournment to findings. The Army often issues the findings at the conclusion of the hearing, the Air Force within a few days, the Navy about 3-5 weeks- unless there is a stipulated finding, i.e., an on-the-record decision. The Coast Guard,however...
  9. johnbgately

    Once in a lifetime event during VA Exams - Help needed!

    Tom is correct. I recently had two clients- one East Coast, one West Coast - who were each maids of honor for their sisters. In each case, we contacted the contracting agency, and the contractors worked around the disputes at issue. Additionally, re-enrolling you in the iDES is much easier than...
  10. johnbgately

    The Case That Changed How I Review IDES TDRL Cases

    About 15 years ago, when the IDES had been underway for a year or more, a prospective client came to me to appeal his TDRL findings. He had originally been placed on the TDRL through the IDES for a conversion disorder at a 30% disability rating, and the IPEB had reduced his findings to 10%...
  11. johnbgately

    NAVY FPEB

    From what I have seen regarding my clients and comparing notes with other civilian and military counsel, the answer really depends on your branch of service. The Navy averages about 3-5 weeks; the Air Force and Army are typically much quicker, often providing results within days after an FPEB...
  12. johnbgately

    Submitting to Code 13 for change to "combat related"

    Code 13 Combat-related appeals are a uniquely Navy/USMC appeal mechanism in which one submits a brief with supporting exhibits to the Administrative Law Branch (Code 13) of Navy OJAG, specifically appealing either an adverse decision by the PEB on this issue or when you accepted your PEB fnidngs...
  13. johnbgately

    Appeal denied

    Your PEBLO should have granted you an extension for your lawyer to get back to you.
  14. johnbgately

    IDES TDRL Physical Re-examination Questions

    The USAPDA is informing you that its staff has reviewed your records and deems them sufficient to adjudicate your condition without an exam; in other words, you will not need an exam. However, if you do not like the findings upon reevaluation, then you should prepare to appeal the finding.
  15. johnbgately

    PEB open during holidays?

    It depends on what you mean by the holiday. For instance, the Navy will stop holding hearings after tomorrow or the next day, but will continue to process cases. Other matters- initial IPEB findings, VARR findings, etc., will continue to be processed, albeit at a more leisurely pace.
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