Author Archives: John Gately

Air Force personnel- Active Duty, Guardsmen, and Reservists have three options for completing their TDRL review exams. First, you may choose to be evaluated at a Military Treatment Facility. Or,  you can submit medical documents for review from your civilian or VA provider. Finally, you can request that your civilian or VA provider conduct your TDRL […]

As you complete your VA C&P exams as part of the IDES process, you will find the exam reports posted to your Tricare Online records about two weeks after each exam is complete. Please review these exams for errors, as these reports will form the basis for assigning disability ratings to your unfitting conditions and […]

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 […]

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

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 […]

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 […]

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 […]

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 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

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 […]