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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...

In either case, if you are 30 degrees or less, that would equate to a 40% disability rating.

Two additional caveats that complicate the process for military physicians wishing to be found Unfit-: 1. If you have just completed an advanced fellowship and have incurred an additional service obligation, you are unlikely to be found unfit unless you have overwhelming evidence that you...

Each service has its equivalent to AR 635-40, section 5-4(e)(1)(a) and 2, which reads as follows: Section 5-4(e) Ability to deploy. The PEB considers whether the Soldier (Active Army and RC) is deployable individually or as part of a unit, with or without prior notification, to any location...

Many thanks, Scott!

Many thanks for this update, Scott! All the best, Jack Gately

It hasn't changed- this is why I tell all my clients to check their Tricare Online account as you described so that we can review all of the DBQs and prepare rebuttals regarding errors or inaccuracies to be uploaded via Quick Submit, with the rebuttal itself being written on a VA Form 21-4138...

You're welcome- good luck with the FPEB!

And, from what you describe of your husband's case, if he wants to be found fit, the focus should be on the fact that he is in remission, can perform all of the duties of his NEC or designator, and does not require immunomodulating or immunosuppressant medications. If that is supported by his...

1. It is not unusual for the Code 16 attorneys at the Navy Yard—the formal board attorneys—to not begin contact in earnest until a couple of weeks before a formal hearing. This is not a slight to you and your husband- it is due to their caseload, which, on average, is about 350-400 active cases...

If you have been told that your package will be sent to AFPC after the CIS is completed, it sounds like you are in the RILO Process. For those online who are not in the Air Force, the Air Force has a quirky concept known as the Review In Lieu Of ("RILO") in which an abbreviated medical board...

They will only reduce a VARR rating if the previous rating assigned represents a clear and unmistakable error ("CUE") or was procured by fraud. Since VA C&P exams in the IDES process are performed by VA-approved contractors such as QTC, VES, or LHI/OptumServe, fraud is not really an issue. CUE...

The straightforward answer is yes- you can be referred to the DES process before any period of LimDu expires—it is within the provider's discretion.

The Coast Guard is gradually rolling out an IDES system, but it is still in the pilot stage. I have one client who was just enrolled on it, but many cases will continue to be legacy cases until it is ready to go fully online Coast Guard wide

Note- typo in the first sentence of the second paragraph: And, while your initial NarSum..."

This means that you are part of the Coast Guard's new IDES program. For now, you should begin completing your SHA and your VA Form 21-526EZ and have a list of conditions for which you are seeking service connection ready to go for your MSC (i.e. the VA Rep). The good news is that your PEBLO...

For Air Force members, the Airman's comment section is where you can emphasize points that were missed in the Commander's Statement (AF-1185) or downplayed. It is unique to the Air Force process- the Army, Navy, and Coast Guard equivalent to the AF-1185 do not allow for comments. The Airman's...

Joel Pettit's comments regarding the Navy DES Counsel in the field and the PEBLOs are spot-on. Having practiced in this area for 20+ years, I have often found that those in the field really do not know the inner workings of how FPEBs and Post-FPEB appeals work, with the rare exception being a...

While Jason and I have different approaches to our caseloads, we both agree that each case is unique and there is no one-size-fits-all solution that will fit every case. And, quite honestly, when I am unable to take on a PEB case due to a scheduling conflict, there are only two other attorneys...

Typically, I submit an IPEB Reconsideration Request on behalf of my clients - a written brief with supporting evidence seeking an on-the-record record in Army cases ahead of the FPEB. This is because the Triage team at the IPEB level for the Army- known as the Echo Team- is very good at...