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Author Archives: John Gately

When the Air Force IRILO Recommends a Full MEB

For Air Force members going through an MEB, the first step is always the Informal Review in Lieu Of (“IRILO”) review by AFPC.  If this review recommends a full MEB, things just became real- you must now decide what your goals would be in the full MEB process and how realistic they may be.  If […]

VA Resources to Help with COVID Impact on PTSD

It should come as no surprise to any of us that the current reliance on telehealth and the need for significant travel restrictions/safety precautions limiting access to PTSD providers and resources would adversely impact veterans with trauma-related stressor disorders.   However, the VA does have two great mobile apps- PTSD Coach and COVID Coach- that could […]

Subtle Changes in Seizure Analysis in VA Narcolepsy Cases

I am beginning to see a pattern in which VA rating analysts are trying to raise the bar regarding the type of activity that qualifies as the equivalent of a petit mal seizure to warrant increasing a rating for either narcolepsy or idiopathic hypersomnia.  Until recently, any momentary loss of focus seemed to meet the […]

Key Tips for Complex Regional Pain Syndrome Cases

If you are being processed for an MEB/PEB for Complex Regional Pain Syndrome (“CRPS”), there are some key tips that I would like to share with you. First, CRPS is typically rated by analogy to neuralgia of the affected nerve. Some pain specialists and neurologists tend to draft NarSums that only mention the nerve they […]

Update to Navy PEB Procedural Forms

A few weeks ago, the Navy PEB updated its procedural forms for formal PEB hearings, In order to ensure that you and your counsel have the latest procedural forms needed for your hearing, be sure to either visit the CORB website or download them from the attachment that I have provided below.   2018 New Acknowledgement […]

President-directed Navy IPEB Findings

If your Navy case is pending a formal hearing and has been well-developed by you and your counsel, then you should consider submitting your formal hearing brief and supporting exhibits to the President of the PEB and asking for a directed IPEB finding.  This term is actually the functional equivalent of the formal reconsideration process […]

Major Changes to Navy TDRL Review Process

A few days ago, PERS-95- the entity that manages the TDRL process for the Navy- reached out to thousands of sailors on the TDRL by e-mail to describe how cases will be processed during the pandemic.  First, members on the TDRL are expected to provide updated contact information as soon as possible to PERS-95 via […]

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 […]

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