2332 Croix Drive, Virginia Beach, Virginia 23451

Author Archives: John Gately

Why New DOD Medical Malpractice Claims Process Is Inherently Unfair

While the American Department of Defense has recently established a claims process for service members who believe they were the victims of medical malpractice, this system is heavily weighted against the claimant. First, there is no right to discover the materials used by the government to adjudicate claims. Second, there is a cap on non-economic damages […]

TBI Research on Relationship between mTBI and PTSD

For those of you who struggle with providers in distinguishing between the symptoms of mTBI and PTSD in the course of your treatment as well as in your MEB proceedings, here is a great overview of current research findings that will help you to communicate more effectively with your providers and MEB/PEB physicians: TBICoE_ResearchReview_PTSDandMildTBI_20200813_508

VA Insiders Guide to PTSD Exams

If you are scheduled for a VA C&P exam for PTSD as part of your IDES PEB case or a traditional VA claim, I have attached a copy of the VA Best Practices Guide that examiners are provided to review before conducting your exam.   Once you review it, you will have better insight into how […]

Biden Supreme Court Commission Report Highlights

The Biden Supreme Court Commission’s initial draft findings have been released and its initial findings appear to shy away from Court expansion but do contemplate the possibility of panel systems as well as rotating justices in and out from lower federal courts.  While rotating justices in and out from lower federal court sound interesting, I […]

Major Changes to ARC LOD Process- new AFI 36-2910

On 9/3/21, the Air Force released a comprehensive rewrite of AFI 36-2910 that includes major changes to the LOD process, as well as changes to INCAP pay and MEDCON status.  These changes include an optional review by the Judge Advocate for ILOD determinations, the Wing/CC as the final authority for all ILOD determinations, NILOD-EPTS-NSA findings […]

Website Link for Army Discharge Review Board Class Action

For those of you who were unaware or have not yet been contacted about the class action settlement regarding Army Discharge Review Board (“ADRB”) decisions made during the period from 17 Apr 11 to the effective date of the settlement.  Under the agreement, the Army will automatically reconsider certain discharge-status-upgrade decisions made by the Army […]

Please Support the Service Act of 2021

Please consider writing to your Congressman and Senators to urge them to support the Senate Bill 2102- The Service Act of 2021- a bill that authorizes the VA to offer mammography screenings to veterans who have served in areas associated with toxic exposure.  Here is the link to this bill:  https://tinyurl.com/997nyc

New VA Program- Claim Accuracy Request

The VA recently announced a new pilot program to allow VA accredited representatives, agents, and attorneys to file for an expedited Higher-Level Review (“HLR”) of obvious errors of fact or law within 30 days of notification of a decision by the agency.   If you do not file this request within 30 days of notification, your […]

Caregiver Denials Can Now Be Appealed to the BVA

In Beaudette v. Secretary of Veterans Affairs, the Court of Veterans Claims recently determined that veterans denied caregiver benefits could appeal through the BVA in a landmark decision that I have attached for your review. In doing so, the court certified Andy Legovlan of Paul Hastings LLP and Amanda Pertusi of Public Counsel’s Center for […]

The Real Significance of Memorial Day

As a teenager, I remember my Dad – a combat veteran of fierce fighting in North Africa, Sicily, Anzio, Salerno, and Monte Cassino- pouring three glasses of single malt with his friend “Snake” on Memorial Day in a toast to their fallen friends. One for each of them, one for those who never came back.  […]

X

Contact Form

We will respond to your inquiry in a timely fashion. Thank you.

Quick Contact Form