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  1. 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...
  2. johnbgately

    Commanders Impact Statement/Air Force

    You would know that by reading the diagnoses in your medical records and reviewing these conditions against the criteria of the USAF Medical Standards Directory
  3. johnbgately

    Peb down?

    Hi Dylan, You may have missed my previous post on this issue, so here is the cut-and-paste of it : 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...
  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

    VARR

    If you want to submit a VARR, you do not have to request a formal board. HOWEVER, you will be expected to submit the VARR with your election of options if you are not requesting a formal hearing. Thus, it is often prudent to request a formal hearing to provide you and your counsel with...
  6. johnbgately

    PEB Findings

    I would recommend contacting Ann Jones at the Navy PEB to request that she check their archived records for your case. It may take a couple of weeks, but she has retrieved cases from many years ago for me. I will send you her direct email by private message.
  7. johnbgately

    Case sent back to VA from PEB?

    This is called a PEB-directed Rating Review ("PDRR") and typically occurs when the rating assigned by the VA to an unfitting condition is clearly incorrect and is usually to the member's benefit. Examples: 1. When either the DBQ or the evidence of record clearly shows that an individual is...
  8. johnbgately

    Can I appeal the DA 199 Combat Designation after Signing the DA 199 and Separating?

    While your formal hearing may be scheduled for August, in the Army PEB system, you can submit an IPEB reconsideration request at any time before the formal hearing date. In an IPEB Recon request, your counsel- ARMY OSC attorney or private attorney- would outline in a short brief why your...
  9. johnbgately

    TOL Terminated

    Both Provis and Chaplain Charlie provided correct responses. The key difference is that these DBQs were previously posted on Tricare Online at least 2-3 weeks before your PEBLO or DES Counsel would see them on their platform. It means that members and their counsel have to work a little faster...
  10. johnbgately

    VARR Rejected, what are my options?

    You will receive a decision letter regarding the VARR from the DVA- the PEBLO was undoubtedly just giving you a heads-up as to the results. There should also be an updated PEB decision reflecting "no change."
  11. johnbgately

    Navy FPEB timeline

    Your FPEB attorney should be able to look up your findings and follow up with the FPEB staff to ascertain the status of your findings- i.e., whether the findings have been released to be sent to you via the PEBLO. The FPEB attorney should also be able to send you a copy. Note- the MSC would...
  12. johnbgately

    Commanders Impact Statement/Air Force

    If you wish to be found unfit, you would want to include a sentence regarding how that condition adversely affects you in performing the duties in your primary AFSC (both in-garrison and while deployed) as well as performing the physical activities expected of any Air Force member in your pay...
  13. johnbgately

    PEB sent case back to VA?

    This sounds like a PEB-directed Rating Review ("PDRR"), which occurs when the PEB finds a condition unfitting and the VA either does not find it to be service-connected or the rating assigned to it is inappropriate. For example, there are several diagnoses for eye conditions for which the...
  14. johnbgately

    NARSUM Rebuttal/ IMR

    If you submitted an IMR request, ten you should have received a written response from the IMR provider through your PEBLO. Then, at that point, you could decide to submit a rebuttal if needed. You would then receive a response to the rebuttal- this response is called a surrebuttal. Let's...
  15. johnbgately

    Navy Brings Back the IPEB Recon Process

    This means that your counsel can submit a written brief with supporting evidence showing that you should receive the relief you requested. Example- suppose that you were found unfit for a lower back injury and wanted to add sciatica bilaterally as an additional condition at a formal hearing...
  16. johnbgately

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

    Hi Scott! I tend to submit my evidence as attachments, with the appeal brief/overview referring to where these items may be found in the "C" file.
  17. johnbgately

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

    Agreed- but making the HLR reviewer's job easier typically results in faster decisions and causes them to view your petition in a much more favorable light. After all, who could be offended or turned off by a veteran and their attorney taking the time to ensure that all participants in the...
  18. johnbgately

    Navy Brings Back the IPEB Recon Process

    While I have been submitting these requests via the President of the Navy PEB for years now on behalf of my clients, it was based on an informal rapport built with the PEB staff over the years. But, while I submitted such requests whenever merited, it was a concept that was not well-known...
  19. johnbgately

    Navy Brings Back the IPEB Recon Process

    Agreed—it will help the Navy process the backlog of cases faster and allow members to appeal a bad IPEB result without having to go through a formal hearing. Of course, the member and their counsel need to have the evidence to show why the original decision was actually in error or that things...
  20. 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...
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