Category Archives: Uncategorized
A Trap to Avoid in the VA/IDES General Medical Exam
After you file your claim through your MSC and they request exams for each of your conditions, you will be contacted by one of the three contractors the VA employs to conduct IDES C&P exams. When the contractor provides you with notice of the exams, you must ensure that this notice addresses all of your […]
A Key Question You Must Ask the VA Higher-level Reviewer
In several of my VA Higher-level Review conferences, I have found that the Higher-level Reviewer (“HLR”) was missing some of the evidence crucial to our case or that the copies they had were illegible. With this in mind, I highly recommend that you first make sure at the beginning of the conference that your HLR […]
Navy PEB Brings Back the IPEB Recon Process
At the end of October, the Navy formalized a process in which service members and their counsel may submit an IPEB reconsideration request to the President of the PEB after they request a formal hearing. This request is now called a President-directed IPEB Recon Request. An IPEB Reconsideration Request consists of a written brief with […]
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 […]
