IDES/VA Attorney options

N

navyguy21

PEB Forum Regular Member
Registered Member
Hello PEB forum,

I am new to the forum and would like to reach out for some help from the group. I am trying to find a IDES/VA attorney as I do not wish to use the counsel provided by the MED board office at the naval hospital for lack of confidence in the process and incentive for them. I would like to ask if anyone has had success with any attorneys related to a PEB/FPEB/and VA appeals as I am sure that is the case for most everyone if they are not given favorable results. From my research I have found the following

1.) Jason Perry (obvious) as the owner of this site but I think that he might have a lot of cases due to the backlog and also being such a well known resource.

2.) Hill & Ponton- really interesting reviews on Lawyers.com but also very skeptical about this one however due to the nature of their advertisement

3.) Thomas Roughneen - looks mostly like this firm only handles national guard cases

4.) John Gatley- a buddy recommended him but also doubtful from the same aspect as he might be extremely busy like Jason Perry.

If you have any recommendations I would appreciate them; it is a lot of money to spend and I am already in a vulnerable spot going through the process. While on the same subject Is there anything to protect service members if they choose the wrong attorney and get screwed over after paying money?
 
Jason is very busy, but there is a reason that he is busy! The last thing I want for a doctor, lawyer.... is someone with lots of vacant appointments.
 
navyguy21 said:
Hello PEB forum,

I am new to the forum and would like to reach out for some help from the group. I am trying to find a IDES/VA attorney as I do not wish to use the counsel provided by the MED board office at the naval hospital for lack of confidence in the process and incentive for them. I would like to ask if anyone has had success with any attorneys related to a PEB/FPEB/and VA appeals as I am sure that is the case for most everyone if they are not given favorable results. From my research I have found the following

1.) Jason Perry (obvious) as the owner of this site but I think that he might have a lot of cases due to the backlog and also being such a well known resource.

2.) Hill & Ponton- really interesting reviews on Lawyers.com but also very skeptical about this one however due to the nature of their advertisement

3.) Thomas Roughneen - looks mostly like this firm only handles national guard cases

4.) John Gatley- a buddy recommended him but also doubtful from the same aspect as he might be extremely busy like Jason Perry.

If you have any recommendations I would appreciate them; it is a lot of money to spend and I am already in a vulnerable spot going through the process. While on the same subject Is there anything to protect service members if they choose the wrong attorney and get screwed over after paying money?
Click to expand...
We went with #4 but #1 is great too! We went with John Gately because he is willing to be proactive and guide us through the entire process so hopefully we don't have to appeal anything. I agree with @chaplaincharlie ! Anyone who is on the top of their game will be extremely busy. If that is a worry I would make sure that concern is addressed with each prospective attorney. Being very busy doesn't necessary mean that they cannot get the job done for you!
 
navyguy21 said:
Hello PEB forum,

I am new to the forum and would like to reach out for some help from the group. I am trying to find a IDES/VA attorney as I do not wish to use the counsel provided by the MED board office at the naval hospital for lack of confidence in the process and incentive for them. I would like to ask if anyone has had success with any attorneys related to a PEB/FPEB/and VA appeals as I am sure that is the case for most everyone if they are not given favorable results. From my research I have found the following

1.) Jason Perry (obvious) as the owner of this site but I think that he might have a lot of cases due to the backlog and also being such a well known resource.

2.) Hill & Ponton- really interesting reviews on Lawyers.com but also very skeptical about this one however due to the nature of their advertisement

3.) Thomas Roughneen - looks mostly like this firm only handles national guard cases

4.) John Gatley- a buddy recommended him but also doubtful from the same aspect as he might be extremely busy like Jason Perry.

If you have any recommendations I would appreciate them; it is a lot of money to spend and I am already in a vulnerable spot going through the process. While on the same subject Is there anything to protect service members if they choose the wrong attorney and get screwed over after paying money?
Click to expand...
 
Thanks for mentioning me! My name is actually spelled Gately, but you're not the first one to misspell it. Frankly, I often do it myself when typing too fast. As for your list, all of the attorneys listed are quite good. Hill and Ponton is a great firm but focuses much more on VA cases than IDES cases. Tom Roughneen focuses more on Army cases and has the unique distinction of being both a Wounded Warrior and a former Army PEB adjudicator. Jason and I are the attorneys with the most Navy/Marine Corps PEB experience, but Tom is a superb attorney in any PEB setting. As for the comment about being screwed over, every one of us has a detailed fee agreement so that there are no surprises, and none of the firms you listed would underperform. That being said, no one wins every case, and you should work with whomever you retain to have a solid game plan for rebuttals, IMR requests, NMA input, the development of nonmedical evidence, how to handle VA C&P exams, etc. That will enhance your odds of receiving the optimum outcome in your case.
 
johnbgately said:
Thanks for mentioning me! My name is actually spelled Gately, but you're not the first one to misspell it. Frankly, I often do it myself when typing too fast. As for your list, all of the attorneys listed are quite good. Hill and Ponton is a great firm but focuses much more on VA cases than IDES cases. Tom Roughneen focuses more on Army cases and has the unique distinction of being both a Wounded Warrior and a former Army PEB adjudicator. Jason and I are the attorneys with the most Navy/Marine Corps PEB experience, but Tom is a superb attorney in any PEB setting. As for the comment about being screwed over, every one of us has a detailed fee agreement so that there are no surprises, and none of the firms you listed would underperform. That being said, no one wins every case, and you should work with whomever you retain to have a solid game plan for rebuttals, IMR requests, NMA input, the development of nonmedical evidence, how to handle VA C&P exams, etc. That will enhance your odds of receiving the optimum outcome in your case.
Click to expand...
Since you are a lawyer and I have been reading some of the tips on your site. I am trying to be found fit for duty. If the IPEB determines I am not fit for duty is it possible to go back to the active MTF and start claiming everything to restart the process? The reason I’m asking is because I only claimed my referred condition which I know could backfire. If I am going to be pushed out I at least want to get my 30% so that I have tricare.
 
Nighthawk2714 said:
Since you are a lawyer and I have been reading some of the tips on your site. I am trying to be found fit for duty. If the IPEB determines I am not fit for duty is it possible to go back to the active MTF and start claiming everything to restart the process? The reason I’m asking is because I only claimed my referred condition which I know could backfire. If I am going to be pushed out I at least want to get my 30% so that I have tricare.
Click to expand...
While I would be glad to respond to your questions, the issues that you posed require a bit more knowledge about the facts of your case. However, you would have to contact me via my website as it would be professionally inappropriate and bad manners for me to effectively give legal advice on Jason's forum. And, while many of the forum participants do not realize it, Jason and I are friends as well as being business competitors- thus I respect the boundaries of this forum.
 
johnbgately said:
While I would be glad to respond to your questions, the issues that you posed require a bit more knowledge about the facts of your case. However, you would have to contact me via my website as it would be professionally inappropriate and bad manners for me to effectively give legal advice on Jason's forum. And, while many of the forum participants do not realize it, Jason and I are friends as well as being business competitors- thus I respect the boundaries of this forum.
Click to expand...
I guess I didn’t realize this was his forum.
 
johnbgately said:
Thanks for mentioning me! My name is actually spelled Gately, but you're not the first one to misspell it. Frankly, I often do it myself when typing too fast. As for your list, all of the attorneys listed are quite good. Hill and Ponton is a great firm but focuses much more on VA cases than IDES cases. Tom Roughneen focuses more on Army cases and has the unique distinction of being both a Wounded Warrior and a former Army PEB adjudicator. Jason and I are the attorneys with the most Navy/Marine Corps PEB experience, but Tom is a superb attorney in any PEB setting. As for the comment about being screwed over, every one of us has a detailed fee agreement so that there are no surprises, and none of the firms you listed would underperform. That being said, no one wins every case, and you should work with whomever you retain to have a solid game plan for rebuttals, IMR requests, NMA input, the development of nonmedical evidence, how to handle VA C&P exams, etc. That will enhance your odds of receiving the optimum outcome in your case.
Click to expand...
John, Do firms like yours help out service members all the way through to VA process if their PEB isn't as intense and needing a formal board?
Or are the VA appeals and supplemental claims not really something you get involved in?
 
chaplaincharlie said:
Jason is very busy, but there is a reason that he is busy! The last thing I want for a doctor, lawyer.... is someone with lots of vacant appointments.
Click to expand...
Charlie, very sound advice. I am just concerned about the entire realm of going through this process with a militart/civilian IDES attorney and while I am trying to have faith, it is a scary thought putting your life in someone else's hands.
 
Provis said:
We went with #4 but #1 is great too! We went with John Gately because he is willing to be proactive and guide us through the entire process so hopefully we don't have to appeal anything. I agree with @chaplaincharlie ! Anyone who is on the top of their game will be extremely busy. If that is a worry I would make sure that concern is addressed with each prospective attorney. Being very busy doesn't necessary mean that they cannot get the job done for you!
Click to expand...
Thank you for the information. I am going to try and canvas the options available but I will definitely reach out to him if I end up paying for a civilian attorney. I am a pilot and one of my junior guys actually used him recently. I will definitely keep up with your progress. Where are you at in the process?
 
navyguy21 said:
Charlie, very sound advice. I am just concerned about the entire realm of going through this process with a militart/civilian IDES attorney and while I am trying to have faith, it is a scary thought putting your life in someone else's hands.
Click to expand...
Everyone that has gone through the PEB process has put their lives in the hands of the Board. You are not alone.
 
chaplaincharlie said:
Everyone that has gone through the PEB process has put their lives in the hands of the Board. You are not alone.
Click to expand...
Charlie, I completely agree that I am not special in being afraid in this process. I was only speaking to specifically the subject on choosing an attorney and the effect in can have on your outcome. However, I really appreciate the information and wisdom that gentleman like you and the veteran members put out on this forum.
 
My words were meant only to say, we (previous PEB retirees) have survived and thrived.
 
navyguy21 said:
John, Do firms like yours help out service members all the way through to VA process if their PEB isn't as intense and needing a formal board?
Or are the VA appeals and supplemental claims not really something you get involved in?
Click to expand...
Hi, replying offline to you by message
 
navyguy21 said:
Hello PEB forum,

I am new to the forum and would like to reach out for some help from the group. I am trying to find a IDES/VA attorney as I do not wish to use the counsel provided by the MED board office at the naval hospital for lack of confidence in the process and incentive for them. I would like to ask if anyone has had success with any attorneys related to a PEB/FPEB/and VA appeals as I am sure that is the case for most everyone if they are not given favorable results. From my research I have found the following

1.) Jason Perry (obvious) as the owner of this site but I think that he might have a lot of cases due to the backlog and also being such a well known resource.

2.) Hill & Ponton- really interesting reviews on Lawyers.com but also very skeptical about this one however due to the nature of their advertisement

3.) Thomas Roughneen - looks mostly like this firm only handles national guard cases

4.) John Gatley- a buddy recommended him but also doubtful from the same aspect as he might be extremely busy like Jason Perry.

If you have any recommendations I would appreciate them; it is a lot of money to spend and I am already in a vulnerable spot going through the process. While on the same subject Is there anything to protect service members if they choose the wrong attorney and get screwed over after paying money?
Click to expand...
Who did you end up hiring?
 
I'm in the MEB phase and completed my QTC Appts; waiting for my NARSUM... I plan to use an Army provided lawyer to help me through the process. I believe the key to my success will be having a clear understanding to AR 40-501 and Title 38 ch 3. After I downloaded my DBQs off Tricare Online, I compared the DBQ medical notes with my PCMs visit summary for each condition and noted any difference between the two. I've annotated the difference for each condition and I'll provide these notes to my lawyer when I meet him/her. Next, I analyzed each condition that indicated an, "Unfit for Service" (this includes my referred condition and non-referred conditions) and I compared each to the AR 40-501. I will develop note for my lawyer supporting each condition and request a Varriation or Independent Medical Review as necessary.
For the VA, I plan to ensure all DBQs are compared against my PCM visit summaries and any differences will be noted. I have also noted any required medical appointment I need to schedule in the near future to continue to get the medical care I need to get better and continue to support my claim....just because we start the process don't mean we stop seeing our care provider...

Best of luck to each of you and Happy Holidays
 
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