Category Archives: Uncategorized
The Perils of Having a TDRL Reevaluation Based on Your VA Rating
If you are on the TDRL and currently awaiting a TDRL reevaluation exam, please be aware that your service may use your post-service VA rating for that condition in lieu of an exam if that rating was assigned within the previous 18 months under Section 10.4 of DODI 1332.18, Volume 1 (February 24, 2023). So, […]
VA Expands Opportunities for Veterans with OTH or Special Courts-martial Convictions to Receive Benefits
The VA posted a new final rule on April 10, 2024, that amended the character of discharge determination process for veterans discharged with Other than Honorable or special court-martial convictions. This amendment is designed to expand access to VA health care and benefits process is designed to afford more opportunities for veterans who dealt with […]
VA Adds 3 New Cancers to Presumptive Conditions Under PACT Act
On June 14th, the VA added three new cancer types to the list of presumptive conditions under the PACT Act- male breast cancer, urethral cancer, and cancer of the paraurethral glands. This change automatically assumes service connection for Gulf War and Post 9/11 veterans who deployed to Afghanistan, Somalia, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen, […]
Great Win For VA Caregivers at the Fed Circuit
A great new case benefiting veterans appealing adverse Caregiver decisions was decided yesterday at the Federal Circuit Court of Appeals in the Beaudette case. In this decision, the Federal Circuit affirmed a CAVC decision, holding that § 1720G(c)(1) of the Caregiver Act only bars judicial review of Caregiver Program decisions on the furnishing of assistance […]
New Army Fitness Determinations Directive (AR DIR 2024-01)
The Army Publishing Directorate has released a new Army Fitness Determinations and Deployability Directive (AR DIR 2024-01) that may have a profound effect on your PEB case- thus, I wanted to post it here for you to download and review with your attorney when deciding how to develop or appeal your Army PEB findings. This […]
The Problem with Profiles in Army IDES PEB Cases
If you are a soldier undergoing the Army IDES PEB process, you will find that the IPEB and the FPEB are fixated on profiles and are very unlikely to find you Unfit for a condition unless you have a P3 profile for it. The real problem for most soldiers is that army MEB physicians routinely […]
Important Guidance for Drafting Navy Non-Medical Assessments
Many Navy and Marine Corps personnel do not realize the importance of the Non-Medical Assessment prepared by your Commander when the PEB is assessing your fitness for duty. This document is actually the first item that IPEB and FPEB look at after reviewing your MEB Narrative Summary. In doing so, they are looking for specific language […]
Major Flaw in Army Post-FPEB Appeal Process
Under the guidance provided by Section 4.10.d.1 of DODI 1332.18, volume 1 dtd 24 Feb 2023, the SECDEF directed that every armed service should provide service members with the opportunity to submit either a written appeal or to provide them with a post-FPEB hearing. The Air Force and the Navy have established a post-FPEB hearing […]
NAVY CORB GUIDELINES FOR POST-FPEB HEARINGS
SECNAVCORB Policy Ltr re DODI 1332.18 of 1.24.23 The Navy Council of Review Boards issued its Post-FPEB hearing policy earlier this year, and it is markedly different from the Air Force process that I discussed in an earlier post. In the Navy system, you are allowed 15 days to determine whether you wish to request […]
