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Author Archives: John Gately

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.  […]

Hope for all Veterans Exposed to Toxins

Senator Jon Tester unveiled his groundbreaking COST of War Act yesterday- a bill that recognizes the federal government’s responsibility to provide health care and disability compensation to veterans fighting the effects of toxic exposure connected to their military service. This legislation would allow all veterans who were at risk of toxic exposure to obtain immediate […]

If You Served on Guam (1958-1980)

If you served on Guam from 1958-1980, the NVLSP and the Yale Law School Veterans Legal Services Clinic have updated their groundbreaking White Paper showing that it is “as likely as not” that veterans who served in Guam from 1958 to 1980 were exposed to Agent Orange and other dioxin-containing herbicides.   This White Paper provides […]

VA Readjudicating Blue Water Navy Denials

TODAY, the VA announced that it would begin automatically adjudicating previously- denied Blue Water Navy Herbicide Exposure claims under the court order issued on November 5, 2020, by the U.S. District Court for Northern California in Nehmer v. Department of Veterans Affairs.  This review will occur automatically and does not require veterans or eligible survivors […]


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