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Author Archives: John Gately

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 […]

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 […]


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