BCMR

GUNS'N'STUFF

Well-Known Member
PEB Forum Veteran
Registered Member
OK, this might be a generic question but to the boards actually even read any of the evidence you submit to them? I ask this because it seems like they have barely read my petition evidence at all in prior submissions. I mean, I have mountains of evidence, and it is like someone read one page and that's it. Then I get a decision back saying I didn't persuade the board and I am just thinking to myself "what, how is that possible, and how". Any insight would be appreciated.
 

chaplaincharlie

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
You are fighting an uphill battle without an attorney. The process requires very specific evidence. Flooding the process with "mountains of evidence" may not work in your favor.

peblawyer.com
 

GUNS'N'STUFF

Well-Known Member
PEB Forum Veteran
Registered Member
You are fighting an uphill battle without an attorney. The process requires very specific evidence. Flooding the process with "mountains of evidence" may not work in your favor.

peblawyer.com
Yeah, I understand but I also understand the BCMR DoD do not care, they can do whatever they want and are not held accountable and you go to Federal and then what, either they play it down or dismiss it, or in some cases remand it. So, what exactly good will an Atty. do before the BCMR?
 

chaplaincharlie

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
An attorney understands exactly what is required to met the standard of proof. What some non-lawyers believe to be probative is not probative in a legal/administrative review. Going to the BCMR is a long and arduous process with legal pitfalls.
 

oddpedestrian

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Charlie is right this is not traffic court unless you are very legal savvy you will miss what it takes to win your case. "A man who is his own lawyer has a fool for a client" rings true. We want to believe in our own cases so much it prevents us from deducting objective reasoning. You actually want someone to pick apart your case so they can present the strong points up front and bury the irrelevant or negative points.
 

NoleNation

PEB Forum Regular Member
Registered Member
Allow me to share my personal experience.

I was discharged from the Air Force about eight years who under an administrative provision for "adjustment disorder." Prior to being separated, I was being treated by the Air Force mental health team for nearly one year. During this time, many different diagnoses were put into my chart. Eventually, the military medical team landed on "Adjustment Disorder with Mixed Emotional Features (At the time of my discharge, this specific medical condition was not eligible for a PEB/MEB. It is now, however). One day after separating from the Air Force, the Department of Veterans Affairs diagnosed me with service-connected Bi-Polar Disorder.

Upon receiving this determination by the VA, I petitioned the AFBCMR arguing that I was erroneously discharged "administratively" (under Adjustment Disorder. I argued I should have been diagnosed with Bi-Polar Disorder) and should have been given an MEB/PEB process (for Bi-Polar) while on active duty and subsequently medically retired. I heard nothing for over a year when one day, out of the blue, I received a copy of the AFBCMR Advisory Opinion. The mental health doctor who wrote the advisory opinion agreed with me. In doing so, she referenced my entire medical history. She appeared to look at this in-depth. She even congratulated me on my dedication to obtaining a degree post-discharge. The end result, I was granted medical retirement and placed on TDRL and then subsequently on the PDRL.

So in my instance, it did appear as though all the evidence was read and considered. I, of course, submitted only relevant evidence. I also have legal training (at the time, I was a first-year law student) so I was somewhat familiar with the laws and regulations (burden of proof, timelines, etc).

Hope this helps. I agree with others, BCMR processes should never be handled alone. You should consult with someone. The board may reconsider an application if the applicant submits newly discovered relevant evidence that was not available when the application was previously considered so if you have such evidence, I recommend talking to an attorney.

I am more than happy to answer any questions you may have.
 

GUNS'N'STUFF

Well-Known Member
PEB Forum Veteran
Registered Member
Allow me to share my personal experience.

I was discharged from the Air Force about eight years who under an administrative provision for "adjustment disorder." Prior to being separated, I was being treated by the Air Force mental health team for nearly one year. During this time, many different diagnoses were put into my chart. Eventually, the military medical team landed on "Adjustment Disorder with Mixed Emotional Features (At the time of my discharge, this specific medical condition was not eligible for a PEB/MEB. It is now, however). One day after separating from the Air Force, the Department of Veterans Affairs diagnosed me with service-connected Bi-Polar Disorder.

Upon receiving this determination by the VA, I petitioned the AFBCMR arguing that I was erroneously discharged "administratively" (under Adjustment Disorder. I argued I should have been diagnosed with Bi-Polar Disorder) and should have been given an MEB/PEB process (for Bi-Polar) while on active duty and subsequently medically retired. I heard nothing for over a year when one day, out of the blue, I received a copy of the AFBCMR Advisory Opinion. The mental health doctor who wrote the advisory opinion agreed with me. In doing so, she referenced my entire medical history. She appeared to look at this in-depth. She even congratulated me on my dedication to obtaining a degree post-discharge. The end result, I was granted medical retirement and placed on TDRL and then subsequently on the PDRL.

So in my instance, it did appear as though all the evidence was read and considered. I, of course, submitted only relevant evidence. I also have legal training (at the time, I was a first-year law student) so I was somewhat familiar with the laws and regulations (burden of proof, timelines, etc).

Hope this helps. I agree with others, BCMR processes should never be handled alone. You should consult with someone. The board may reconsider an application if the applicant submits newly discovered relevant evidence that was not available when the application was previously considered so if you have such evidence, I recommend talking to an attorney.

I am more than happy to answer any questions you may have.
What does an Advisory Opinion look like and did you have to agree with it? I for the life of me can't figure out why the BCMR has not ordered one on me yet and someone has (perhaps the examiner assigned) been making unsound and non-credible decisions not based off of laws, rules and regulations and contain flaw after flaw. How is it you were able to get an Advisory Opinion?
 

NoleNation

PEB Forum Regular Member
Registered Member
What does an Advisory Opinion look like and did you have to agree with it? I for the life of me can't figure out why the BCMR has not ordered one on me yet and someone has (perhaps the examiner assigned) been making unsound and non-credible decisions not based off of laws, rules and regulations and contain flaw after flaw. How is it you were able to get an Advisory Opinion?
The Advisory Opinion is ordered by the service branch. Since, most times, the board members that hear these cases aren’t experts in the medical fields, they will obtain an advisory opinion from an expert. For example, if you’re arguing you should have been discharged for PTSD, the BCMR May refer your case to a psychiatrist for their input.

You will obtain a copy of any Advisory Opinions and have a chance to comment on it before the BCMR makes any decisions. You don’t have to agree with the opinion but should clearly state why you don’t in your response.
 

GUNS'N'STUFF

Well-Known Member
PEB Forum Veteran
Registered Member
The Advisory Opinion is ordered by the service branch. Since, most times, the board members that hear these cases aren’t experts in the medical fields, they will obtain an advisory opinion from an expert. For example, if you’re arguing you should have been discharged for PTSD, the BCMR May refer your case to a psychiatrist for their input.

You will obtain a copy of any Advisory Opinions and have a chance to comment on it before the BCMR makes any decisions. You don’t have to agree with the opinion but should clearly state why you don’t in your response.
Ok, that's how I understood it too. My only question is why the heck they have not consulted for an advisory opinion from the get-go because obviously whoever has been staffed as board member(s) to include examiner's, nobody is following the laws at all or otherwise they would have approved my case a long time ago. I tried to ask before and all I got was that no advisory opinion was ordered and I am like who drew the conclusions because they even had my service dates wrong.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top