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  1. 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...
  2. 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%...
  3. johnbgately

    Important Update to Navy PEB Case Processing Post-Shutdown

    Reason for Delay: As many of you are aware, the Navy PEB experienced a software glitch with its new case management system- the Naval Disability Integrated Tracking System ("NDITS")- on September 11, 2025, which has effectively prevented it from adjudicating cases since that time. The term NDITS...
  4. johnbgately

    Important Update- Navy PEB Case Processing Delays

    For those of you whose cases have recently completed the Medical Evaluation Board (MEB) stage and have been forwarded to the Navy Physical Evaluation Board (PEB) for processing, please be aware that there are ongoing significant delays impacting case decisions. The Navy PEB is currently facing...
  5. johnbgately

    A Key Question You Must Ask Your VA Higher-Level Reviewer

    In several of my VA Higher-level Review conferences, I have found that the Higher-level Reviewer ("HLR") was missing some of the evidence crucial to our case or that the copies they had were illegible. With this in mind, I highly recommend that you first make sure at the beginning of the...
  6. johnbgately

    Navy Brings Back the IPEB Recon Process

    At the end of October, the Navy formalized a process in which service members and their counsel may submit IPEB reconsideration requests to the President of the PEB after they request a formal hearing. This request is now called a President-directed IPEB Recon Request. An IPEB Reconsideration...
  7. johnbgately

    Air Force Updates PEB Instruction- AFI36-3212 dtd 22 Feb 24

    Dear Friends, I am writing to share a copy of the new Air Force instruction regarding the PEB process that was published on 22 Feb 24. Full disclosure: I am a civilian attorney who represents clients from all branches in the IDES/LDES process and has done so for the past 25+ years. However, I...
  8. johnbgately

    Great Win for VA Caregiver Appeals at the Fed Circuit Decided Yesterday 2/27/24

    A great new case benefiting veterans appealing adverse Caregiver decisions was decided yesterday at the Federal Circuit Court of Appeals in the Beaudette case. In this decision, the Federal Circuit affirmed a CAVC decision, holding that § 1720G(c)(1) of the Caregiver Act only bars judicial...
  9. johnbgately

    Army Fitness Determinations and Deployability (AR Dir 2024-01)- Urgent Update for Army Personnel

    The Army Publishing Directorate has released a new Army Fitness Determinations and Deployability Directive (AR DIR 2024-01) that may have a profound effect on your PEB case- thus, I wanted to post it here and ask the moderators to add it to the Resources area as well. This directive modifies AR...
  10. johnbgately

    Important Info for Dealing with DFAS on Combat-Related Retirement Pay

    During the past couple of decades that I have been representing service members in the PEB process, I have frequently had to clarify an issue that has arisen with many individuals who are medically retired under Chapter 61 and receive a "V" Code from the Army PEB or its equivalent from the Air...
  11. johnbgately

    Major Flaw in Army Post-FPEB Appeal Process

    Under the guidance provided by Section 4.10.d.1 of DODI 1332.18, volume 1 dtd 24 Feb 2023, the SECDEF directed that every armed service should provide service members with the opportunity to submit either a written appeal or to provide them with a post-FPEB hearing. The Air Force and the Navy...
  12. johnbgately

    PACT Act and 8/10/23 Deadline for Retroactive Benefits

    Quick but important reminder- while there is no deadline to file for PACT Act benefits, if you file by 8/1023 and your claim is granted, you will be granted retroactive benefits to 8/10/22- when the PACT Act became law. If in doubt as to whether you qualify, please at least complete an Intent...
  13. johnbgately

    New Navy Post-FPEB Appeal Policy Guidance- Important Update

    Dear Friends, Attached you will find the new SECNAVCORB Policy Letter re Post-FPEB Appeals. The process described is very restrictive and resembles a VA Higher-level review conference and allows you 15 minutes to present your case. New medical and nonmedical evidence may be presented, but it...
  14. johnbgately

    What To Do While You Are Waiting on Your Timeline/Results

    While many forum members routinely post questions or exchange thoughts on timelines, there is a vital topic that I do not see being addressed in these timeline questions- what to do while awaiting your initial findings, post-IPEB appeal findings, or VARR results. This time is rather crucial to...
  15. johnbgately

    Important Navy Code 13 Update

    If you receive a favorable combat-related finding on a Navy Code 13 appeal, the net step is for the PEB to issue corrected findings and to send these findings to your service headquarters to amend your retirement or separation orders. While this should occur as a matter of course, there have...
  16. johnbgately

    The New DODI 1332.18 & Why It Is Important to You—John B Gately

    On 11/10/22, DODI 1332.18 was updated with mandatory guidance to be followed by all the armed services when processing PEB cases. Here are just a few reasons why this update is important for anyone undergoing the PEB process to review and understand: 1. In this update, there is a provision that...
  17. johnbgately

    Interesting New Development in Navy FPEB Cases

    Several years ago, the Navy PEB eliminated the formal reconsideration process in its formal board settings. This process was akin to the Army IPEB Reconsideration process, in which the PEB will review a case in light of new evidence and determine whether you can be granted a favorable decision...
  18. johnbgately

    SSA Field Offices Reopening Thursday April 7, 2022

    For those of you who need in-person access to your SSA field office to resolve outstanding claim issues, I have attached the Acting Commissioner's press release confirming that field offices will be reopening to the public on Thursday- 4/7/22. Here is the link: Press Release | Press Office | SSA
  19. johnbgately

    Navy PEB IT Systems Operational Again

    Dear Friends, As of the close of business on Friday, the Navy PEB's IT systems are operational again. While the FPEB hearings scheduled for last week were rescheduled for February, all hearings for this week are expected to go as scheduled. However, I would recommend that you contact your...
  20. johnbgately

    VA Suspends Central Office and Traveling Hearings for January 2022

    The Board of Veterans’ Appeals has suspended all in-person Central Office and Travel Board Hearings for the duration of January 2022. I you have a pending hearing and want to proceed with it, you may be well-advised to opt for a virtual tele-hearing instead. You should expect to be contacted by...
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