Author Archives: John Gately

Important Update for USAF members who are pending a formal hearing.   The Air Force recently updated its Rules of Practice and Procedure for formal hearings. If you have civilian counsel who has not recently represented clients before the USAF FPEB, then both you and your attorney should review a copy of the attached document. Why? […]

If you are being processed through the Army PEB system and are either found Fit or have been found Unfit but have issues you wish to raise at a formal hearing, you and your counsel should consider drafting an IPEB Reconsideration Request (“IPEB Recon”) to accompany your election of options. If you have been found […]

Lately, the VA Rating Activity staff in Providence, Rhode Island, have been combining potentially unfitting conditions rated by analogy with referred conditions found in the VASRD.  This approach is typically not to the benefit of  Navy, Marine Corps, and Air Force members.   For example, VA Rating Activity personnel have recently combined ratings for little-known autoimmune […]

When Coast Guard members receive IPEB findings that they do not like in their PDES cases, they usually check the box on Page Two of the CG-4808 form- the findings of the  PEB- to demand a formal hearing. Most of them assume that they will be going straight to a formal hearing. However, experienced Coast […]

A little over a month ago, the Air Force restored the SAFPC appeal process- a post-hearing appeal right it suspended during the height of the pandemic. The SAFPC appeal process involves a written appeal supplemented with medical and nonmedical evidence that seeks to overturn an adverse decision by the Formal PEB (“FPEB”).   There are two […]

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 […]