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  1. johnbgately

    Disability Evaluation System Analysis and Research (DESAR)

    Wow, thanks, Jason- this is a great resource resource!
  2. johnbgately

    Major Flaw in Army Post-FPEB Appeal Process

    The Army still holds formal hearings, but they are not affording soldiers the post-formal hearing rights to a second post-FPEB hearing and only allow soldiers to file written appeals after a formal hearing. This is directly contrary to the procedure mandated by SEC DEF in Section 4.10.d.1 of...
  3. 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...
  4. johnbgately

    DC Circuit Clarifies Combined Effect Standard

    Thanks, Scott- this made for good reading, and it was a pleasure to see that Gene Fidell and John Wells were among those filing amicus curiae briefs. Along with the other attorneys listed, it was truly an All-Star group.
  5. johnbgately

    PDRL to TDRL or removal of Separation type as RETIRED on dd214 for enlistment?

    Unfortunately, it will take a successful petition at the BCNR to change his status and this is exceptionally unlikely. It is not the word "Retired" that is the issue. It is the phrase "Permanent Disability Retirement" that is the issue. The reasons are straightforward- the service would be...
  6. 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...
  7. johnbgately

    Appeal Before FPEB?

    If you are an Army service member- AD, Guard, or Reserve- the ECHO team at the Army PEB will automatically review any IPEB Reconsideration request that you submit with a formal hearing request- preferably at least 2 weeks prior to the formal hearing date. For Air Force FPEBs, your attorney can...
  8. johnbgately

    Army Board of Corrections

    Spot on advice from a subject-matter expert- thanks for wading in and responding to this question, Scott! All the best, Jack
  9. johnbgately

    Carrier Flight Deck

    The key to this claim is having either treatment records from the ship's medical providers documenting these injuries and/or nonmedical evidence documenting these incidents. If the treatment records are scarce or non-existent regarding injuries incurred during carrier ops underway (as is...
  10. johnbgately

    My MTF refuses to submit package to AFRC for MEB

    Just sent you a private message
  11. johnbgately

    Tdrl extended past 3 years

    You're welcome, Ron!
  12. johnbgately

    Tdrl extended past 3 years

    Simple answer- if your case was reevaluated after the three-year mark, you may have slipped through the cracks, and the adjudicators are working to get you reinstated and then change your status. However, you would not be "told" your results, nor are there reasons to keep someone on the TDRL...
  13. johnbgately

    A second "new" informal finding.

    This is a very different and somewhat unique issue, Sea Turtle, as the member's case file had several records from another individual mixed in with his records, including the pivotal VA C&P exams upon which the DOD rating was based. This error was caught during a quick quality review check...
  14. johnbgately

    A second "new" informal finding.

    * given that your Genesis data only goes back (not does back) to 2023
  15. johnbgately

    A second "new" informal finding.

    Actually, I did respond to you by voicemail this week, in between hearings. I do not normally respond publicly on the forum for pending cases but will outline a general response regarding the conversation we just had, as this question may affect other Navy and Marine Corps members. 1. Your...
  16. 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...
  17. johnbgately

    Interesting New Development in Navy FPEB Cases

    Yes, but the Navy version of the post-FPEB hearing process will be very restrictive and resembles a VA Higher level review hearing. You will be allowed to present new evidence when requesting a hearing but will only be allowed 15 minutes to present your case to a single adjudicator. In some...
  18. johnbgately

    TDRL Final Coming Up

    Clarification- while you drop from DEERS and your pay stops at 36 months, the service can adjudicate your case beyond that time and this has happened quite frequently over the past 3 years- primarily in Navy cases. Should that occur, you have the same appeal rights as in any other TDRL review...
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