Author Archives: John Gately
VA Proposes Drastic Rule Change re Service Aggravation
On September 11, the VA published a proposed rulemaking that would drastically raise the standard of proof regarding service aggravation for conditions that existed prior to service or those which are secondary to service-connected conditions. If approved, this change will require claimants to show a permanent worsening of a condition that cannot logically be attributed […]
New Changes to VA Procedures in IDES Cases
Have you ever wondered what happens when the PEB adds a new referred condition to your case after it has been submitted to the VA for the assignment of initial ratings? Or what happens if this new condition develops after your initial VA C&P exams? Will you be disenrolled from the IDES process and have […]
Important VA Update re Date of Receipt of Claims
The VA has decided that, due to the length of the COVID-19 pandemic, it is no longer reasonable to assume that a letter without a postmark was received before March 1, 2020. The VA had been following this policy for some time but is now opting to assume that a letter without a postmark was […]
Appealing TDRL Findings to the BCMR/BCNR
Several service members placed on the TDRL have recently asked me if it was worthwhile to appeal that decision to the BCMR/BCNR of their parent service. The short is no, in most cases, because most of the Boards of Correction take between 12-18 to process such applications. By that time, you will probably have already […]
How to Obtain Key Medical Evidence from VA Providers for Your TDRL Review
If you are on the TDRL and need updated medical evidence from your VA providers regarding the severity and stability of your TDRL conditions, you will find that some VA providers are reluctant to write letters to outside agencies like the DOD and the Coast Guard. Here is how to get around that stumbling block- […]
The Importance of Advisory Opinions in BCMR/BCNR Cases
If you have filed a petition for relief in a BCMR/BCNR case, the first forward movement in your case after assigning a docked number will be the receipt of an advisory opinion drafted for the Board by your branch of service. This document is like a defendant’s response in a lawsuit and should be analyzed […]
Preparation Tips for Virtual FPEB Hearings
In the age of COVID-19, the various PEB formal hearing panels are opting to hold hearings in either a virtual or telephonic format. If you are scheduled for a virtual PEB hearing, here are some preparation tips to help you effectively present your case to the FPEB members. First, be sure to review the questions […]
How PTSD Cases Are Analyzed on TDRL Review
If you are placed on the TDRL for PTSD, you may expect to have your case reviewed within a few months of your initial retirement date. Even in the age of COVID-19, these reviews are still happening promptly. I have been receiving calls regularly over the past few weeks from TDRL members in receipt of […]
New VA Hearing Management Contact Info
For your convenience, I have attached a document containing all of the key contact information for you to track the VA hearing schedule as it impacts your case. More importantly, it reviews what is necessary for you to schedule a virtual hearing that will help those already scheduled for hearings to stay on track by […]
DOD Considers Enlistment Waivers for COVID19 Patients
COVID19 DOD Accessions Update- And, in a classic example of the “walking it back” Washington two-step, it appears that the DOD is considering waivers for COVID19 patients who were not hospitalized due to the virus. Stay tuned for more details to be posted here as the waiver policy and criteria are finalized. https://bit.ly/2YIuNHw
