Jason Perry
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PEB FORUM Members, folks who follow the forum, and everyone else who reads this:
Just some thoughts that I want to share.
I am going to post a more detailed post about my thoughts on this, but, I want to share this as a summary or short collection of points that I think folks should consider when reading posts on the forum.
I have much more that I can write and try to distill down for folks. (Some of which I have already written and/or addressed in earlier posts). I hope this post has helped.
Just some thoughts that I want to share.
I am going to post a more detailed post about my thoughts on this, but, I want to share this as a summary or short collection of points that I think folks should consider when reading posts on the forum.
- The forum has been here for many years. Many of the points and issues that are common to many folks have been discussed again and again. I have strived to often still respond to posts, questions and issues with responses to issues that have been covered many times over in the past. However, I must admit, after many years of addressing similar issues, posts and questions, I sometimes don't answer questions that I have addressed many times. This is not because I don't care. There are many reasons for this....knowing that many of the answers to the common issues have been addressed (again, and again, and again), I know that they can be found by searching the forums. And, I must admit, again, that I have less interest in repeating myself many times over. I want to help anyone I can. But, I also think that folks who just join, post a question and don't bother to search what has been addressed many times are in some respects taking advantage. There is a search function. Use it. (That said, I have several posts that I am looking forwarding to making that will address some major substantive issues).
- Folks who post and have questions are best served by providing full details and actually asking a relevant question. Rants (inasmuch as the relate to your own situation) are okay. Part of the point of this forum is to have a place to vent, express frustration, and to have a place to just discuss things. That is fine and a reason for our forum. That said, providing only partial or cryptic details will not likely garner good or accurate responses.
- Nastiness, overly political or vitriolic comments are not welcome. Don't agree with policies? Fine. Wish things were different (I often do), fine. Take out your disagreements, piss or angst on others (especially others you "think" should not get or are not deserving of benefits or support)? Wrong place for that, and you will find your time here to be short and limited.
- Spam. Not tolerated, ever.
- Questions or comments about my legal services, representation or if "I can help." This is one of my most frustrating issues. I did not set this site up to get clients. I am not looking to get clients through this site. That said, I am an attorney, my practice is focused on this area of law and I rely on being a paid civilian attorney to do things like pay my bills, live, earn and work. I will not and do not try to convince people to use any civilian attorney, much less me, to represent them. Often times, I think folks may benefit from further representation. But, when folks "wonder" if I can help them, post about maybe looking to retain my services, or post questions that are kind of "hooks" in getting me to post based on "maybe" wanting to retain my services, I don't care for it much. If you need legal representation and are interested in my services, contact me at my professional website or ask (once) how to reach me and let it be that. Way too often, I see posts that hem and haw about issues, including seeking representation. I don't and won't provide legal representation via my posts here on the forum. I will only give my thoughts, inputs and seek to help folks to the extent I can. If you need a lawyer, get one.
- Timelines. This issue is also sometimes frustrating. Cases are all different, depend on the circumstances of each case, and are specific to each members case. That said, I think it is fine to discuss and question each other about case timelines and to post and view timelines. Just know, that I personally won't comment often on timeline posts and only point out that sometimes cases move quickly and sometimes they move slowly. (I have seen HUGE variances in timelines, from relatively quick decisions made and sometimes very long timelines until decisions are made). Feel free to ask and discuss. Just know that I will rarely have much input past what I have already posted on the subject and that input is rarely very helpful. Again, I have seen cases resolve relatively quickly and I have seen cases take years to resolve. That said, be acutely aware that in some cases, moving quickly (but, more often, especially in EPTS cases and or in cases where reaching 20 years of service is an issue) timelines are important. Taking steps that impact timelines can be an important issue in how you address your case.
- Understand the impact of timelines on your case. This is also related to my "global" view of cases, in that you should understand all of the issues, whether time impacts your case and what steps you should take to maximize your earned compensation and benefits.
- Also, understand that getting a good result can take a long time. If you have no appetite or interest in fighting issues that take fighting out, then appeals may be wasted. I have had cases take many years, sometimes, seven or eight years or more to get a final good results. I have had cases that were decades old that have gotten ultimate good results. That it took so long to get a good result is a shame. But, sometimes, it takes a long time to get a fair and good result. (On the other hand, I have cases resolve in a very short time frame, in days rather than weeks).
- It is almost always better to fight issues earlier than later.
- In the vast majority of cases I review, it is possible and/or likely to get a better result than initially found. Usually, on review of the facts and circumstances of a case, it is possible to see whether a better result is possibly in the offing.
- I have recently seen some good progress in getting overall favorable results from the military in disability evaluation cases. I am not ready to state that things are "good" or are uniformly better. Still, things seem to be incrementally better for claimants.
- Often, even with a good case that should be resolved at the PEB level, it takes appeals that are successfully fought out to ascertain the level of benefits that should ultimately assigned. This means that it may take some appeals to win in cases that should be won. That said, I have seen and dealt with cases that should have resulted in a "win" that ultimately lost. There are no guarantees possible as to what cases will ultimately prevail. However, what is clear is that by accepting a poor outcome or not fighting for a better outcome, you will only get what is "given."
- Cases are not done until they are done. Folks should always consider and seek to gather additional evidence in their case even after their MEB or PEB or later appeal is "concluded." Later evidence may not be the "best" evidence, but, in some cases, can make the difference. Don't quit.
I have much more that I can write and try to distill down for folks. (Some of which I have already written and/or addressed in earlier posts). I hope this post has helped.