Recent Blog Posts

4th Circuit Rejects KBR Burn Pit Appeal

The 4th Circuit Court of Appeals has just released its opinion declining jurisdiction in the Metzgar v. KBR Burn Pit case as it determined that KBR operated these facilities under military control.  This made the operation of the burn pits a “de facto military decision” that was not subject to review by the Court under […]

Insider Tip for TDRL Members

As the armed services try to process TDRL review cases as expeditiously as possible, many of the PEBs are open to you having your medical providers complete DBQ forms for submission along with a copy of your treatment records. If these records provide sufficient information to initially adjudicate your case, then they will do so. […]

Why Non-Medical Evidence May Be Critical to Winning Your Case

Three of my last five cases in the past month were favorably decided based upon non-medical evidence.   Such evidence is vitally important in PEB cases, whether you seek to be found Fit or to be found Unfit and medically retired.  Having non-medical evidence letters prepared by your peers and supervisors can provide your command with […]

How Non-Compliance Harms PEB Cases

  I recently turned down a case involving a superb performer with an autoimmune disorder that did not appear to significantly impact him in the performance of his assigned duties.  Here’s why- while he was seeking to be found fit and had developed solid medical and nonmedical evidence to achieve that goal, he came up […]

Restriction of Activities in Fibromyalgia Cases

  To achieve the maximum 40% disability rating for fibromyalgia under VA Code 5025, you must be able to demonstrate to the VA C&P examiners in either IDES or post-service VA claims both the symptoms that are constantly present and refractory to therapy as well as how your activity level has been reduced due to […]

Why You Should Never Assume Anything

Last week,  I represented a client at a formal hearing who had retained me after receiving very strange PEB findings awarding him disability severance for a moderate sciatic nerve injury, but which ignored his lumbar spine injuries.  A quick review of the case file revealed why- the drafters of his medical board and speciality addenda […]

During the PEB Process, Social Media is NOT Your Friend!

If you are being processed through the Physical Evaluation Board system- legacy or IDES, it is imperative that you either take down your social media footprint or edit your privacy settings to only close friends and family.  Why? Because PEB members are now actively searching the Web for evidence that you are engaged in activities that […]

Why You Must Request  Copies of Your VA C&P Exams ASAP during the IDES Process

  When my clients undergo VA C&P exams as part of the IDES process, I always instruct them to obtain copies of their exam results from their PEBLO as soon as possible after the exam is completed- note, for planning purposes, it typically takes 2-3 weeks for these exams to be available.. This enables us to […]

Stunning New CAVC Decision  Will Help Us to Argue for Higher Ratings in your PTSD Case

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​On January 5, 2018, the Court of Appeals for Veterans Claims issued a stunning decision in Emerson v. Shulkin (No.16-4086) stating that the VA must engage in holistic analysis…

Guide to Major Changes Starting in 2018 to Expedite VA Appeals

va_ramp_report.pdf File Size: 2877 kb File Type: pdf Download File ​Starting this year, the VA will be unveiling its new RAMP system for more rapid processing of both legacy and appeals filed under its new process. By February of 2019, all requests for review of VA rating decisions will be processed under a new, multi-lane […]