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  1. jackgately

    Lawyers Serving Warriors LSW

    Dear Friends: You will find that it is not unusual for the various PEBs to attempt to find a way to separate someone who initially had a 50% PTSD rating, alleging that the member had PTSD-like symptoms or was in remission. Key tactical point for all of you pending FPEB hearings. Be sure to...
  2. jackgately

    *othernon medical assement need some help*

    The current PEB members- especially the Marine Corps line officers- are keen on having updated information regarding the extent to which your medical condition(s) affects your ability to perform your assigned duties. Trust me, as someone who regularly appears as counsel before the Navy PEB, all...
  3. jackgately

    Please help if anyone has had a package sent to the SECAFPC

    Jason and I have both been averaging 6-7 months, but I have had good results with the SAFPC in the past and find that it is worth the wait. Defining good results- 3 positive results out of 5 in the past two to three years. While others may differ with opinion, I think that you will find the...
  4. jackgately

    IPEB Results Have Me Confused

    Cesar, 1. Jason and the other community members who have replied to you are correct- you risk nothing in appealing this decision and have everything to lose by simply accepting the findings. 2. Jason and I both focus our respective law practices on PEB matters. If we are both telling you...
  5. jackgately

    Total Shoulder replacement...need advice..

    Follow up on Jason's commentary Dave, Jason is right regarding the lengthy time line for processing cases and the application of the rating criteria-it will be some time before your case is finalized and there is time to address all of your concerns. In the case of three of my current...
  6. jackgately

    VAOIG - VA'S ROANOKE REGIONAL OFFICE "FACES CHALLENGES" -- 01-15-2010

    Jason, These findings support what i have been telling clients whose claims have been processed through VARO Roanoke for years now. Many times veterans will receive notices in the mail that their case will be closed within 10 days unless they send a copy of their service health records...
  7. jackgately

    Pacemaker implant

    Bruce, There is quite a difference between a pacemaker and an AICD under the SECNAVINST. You should be advised that you may be offered 30% for a pacemaker if your board is poorly drafted. However, if you experienced sudden cardiac death syndrome and required an AICD, then you should be...
  8. jackgately

    FPEB for Chron's

    FPEB for Chron's- Straightforward Guidance Dear Friend, 1. Begin by reviewing the rating criteria for Crohn's and other possible unfitting conditions that you will find on this web site. 2. Start compiling all new medical evidence since the submission of your package as well ensuring that...
  9. jackgately

    USCG PTSD MEB

    Congratulations, Wendy! v/r Jack Gately
  10. jackgately

    TDRL

    TDRL/HAOS- USCG Specific Advice 1. In order to increase the odds of having your HAOS request approved, it will need to have a favorable endorsement from your command showing that your presence is not vital to the mission and they recommend approval. 2. Then PSC-epm or PSC-opm (depending upon...
  11. jackgately

    CONFUSED AND NEED GUIDENCE

    Elisha, quick reply Elisha, 1.You have to review the information that Jason suggested in his previous post in light of your ability to deploy , particularly if you may expect to be assigned to sea duty or are in an aviation billet. 2. Frankly, no one knows your symptoms and how they affect...
  12. jackgately

    had my social security hearing 2day

    Rob, 1. Congratulations on a well-deserved victory with the ALJ. FYI, many SSA ALJs are former JAGs and are sometimes empathetic to current service members during hearings. 2. It is not unusual for an SSDI claim to be adjudicated before your PEB case. I have had this happen with several...
  13. jackgately

    Timeline- My PEB has been in DC 3 months

    Folks, 1. While I understand that everyone focuses on the time-line and predictability, you should recognize that this time must be put to good use ensuring that you keep up with any medical appointments and continue to build the medical and non-medical evidence needed to obtain an optimum...
  14. jackgately

    Army Times Article on Guard and Reserve Members Being Denied Disability Benefits

    1. Concur with Jason's Comments re Case Organization/Presentation: Jason's comments are right on point and match my own experiences obtaining relief from the various Boards of Correction for clients who have been retroactively retired. 2. ABCMR Processing Time: a. 6 Months- goal v...
  15. jackgately

    Dictation

    1. In the Navy system, it is typical for the PCM to initiate the board and have specialty addenda drafted by those providing the specialized care for your condition. 2. However, if the circumstances warrant, one of those specialty providers may initiate drafting your board. 3. Frankly, if...
  16. jackgately

    Dictation

    Dear Friend, 1. If either of your assumptions is true regarding the PCM not wanting to draft your med board narrative, then it should actually be a relief that he will not be doing it. 2. After all, if he does not want to spend the time to do it well, do you really want him drafting it...
  17. jackgately

    Board came back...have 15 days to appeal. I need HELP.

    Congratulations! 1. Yes, this will be the final number provided that you accepted your findings. There is a slim- i.e. 3 out of a 100- chance that the case may be sent back after legal and quality review. However, given your previous ROM results, I doubt it. 2. While on the TDRL, it is...
  18. jackgately

    LUPUS

    Great advice, Jason. TDRL members do need to keep up with their medical care; otherwise, they may well find themselves removed from the TDRL with severance pay vice a PDRL rating. v/r Jack Gately
  19. jackgately

    LUPUS

    Dear Friends: 1. The real battle with SLE in the PEB setting is documenting the number of actual flares. Many times, the IPEB or FPEB may misconstrue the frequency or severity of flares. 2. It is vital to ensure that the narrative summary in your case does not simply call an occurrence a...
  20. jackgately

    How do i get a copy of my PEB

    Dear Friend, 1. The bad news is that only claims filed within the first year will relate back to the date of your discharge. 2. Claims filed after that will only relate back to the date of filing, as per Xeno's post. 3. There is a very narrow exception re effective dates for veterans...
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