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Requesting a Special Review in USAF IDES Cases
If you are an Air Force service member contesting your IPEB findings, there is a little-known technique available to you in Section 3.26 of AFI 36-3212 to request a Special Review of your case. To implement this technique, your counsel will need to file a notice of appearance and request a copy of the case […]
Urgent Notice to All Navy Personnel on the TDRL
Over the past 12 months, I have observed a disturbing trend in the Navy’s approach to TDRL review cases. Before ordering a TDRL re-evaluation exam, the PEB staff will access your VA records online to see if your TDRL conditions were recently reevaluated by the VA. If this evaluation by the VA was performed within […]
How to show that Your Migraines are Completely Prostrating
Have you ever wondered how you could establish that your migraines are completely prostrating and occur more than once a month, thus qualifying you for a 50% rating under VA Code 8100? Completely prostrating, as used in 38 CFR 4.124a, DC 8100, means extreme exhaustion or powerlessness with essentially total inability to engage in ordinary activities. See […]
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, […]
