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Recent Blog Posts

Never Decline a Range of Motion Exam

I cringe every time that a client tells me that a VA C&P examining physician said that it would not be necessary to perform a range of motion assessment on his or her spine or joints because the veteran or service member “… was in too much pain.”  Let me be frank with you- declining […]

How to Write Great Personal Impact Statements

Personal Impact Statements are strongly encouraged by PEBLOs and MSCs in order to provide you with the opportunity to describe how your various medical conditions affect you in the performance of your duties.  Sadly, many members simply draft these documents to describe their medical history, previous duty assignments and express their love for the service.  […]

IDES Reminder- Requesting VA C&P Exams ASAP

For those of you participating in the IDES PEB process, it is critical for you to request copies of your VA C&P exams within a couple of weeks of these exams being conducted.  You see, in most cases, the VA Rating Activity will assign disability ratings for your DES-referred and service-connected conditions directly from the […]

TDRL Update- How to Get Your VA Provider to Perform Your TDRL Exam

For TDRL members who receive most or all of their health care from  the VA, this may cause be quite problematic when it is time for your TDRL review exam. You see, VA providers are no longer allowed to complete DBQ forms unless they are performing C&P exams for the VA.   This means that they […]

4th Circuit Rejects KBR Burn Pit Appeal

The 4th Circuit Court of Appeals has just released its opinion declining jurisdiction in the Metzgar v. KBR Burn Pit case as it determined that KBR operated these facilities under military control.  This made the operation of the burn pits a “de facto military decision” that was not subject to review by the Court under […]

Insider Tip for TDRL Members

As the armed services try to process TDRL review cases as expeditiously as possible, many of the PEBs are open to you having your medical providers complete DBQ forms for submission along with a copy of your treatment records. If these records provide sufficient information to initially adjudicate your case, then they will do so. […]

Why Non-Medical Evidence May Be Critical to Winning Your Case

Three of my last five cases in the past month were favorably decided based upon non-medical evidence.   Such evidence is vitally important in PEB cases, whether you seek to be found Fit or to be found Unfit and medically retired.  Having non-medical evidence letters prepared by your peers and supervisors can provide your command with […]

How Non-Compliance Harms PEB Cases

  I recently turned down a case involving a superb performer with an autoimmune disorder that did not appear to significantly impact him in the performance of his assigned duties.  Here’s why- while he was seeking to be found fit and had developed solid medical and nonmedical evidence to achieve that goal, he came up […]

Restriction of Activities in Fibromyalgia Cases

  To achieve the maximum 40% disability rating for fibromyalgia under VA Code 5025, you must be able to demonstrate to the VA C&P examiners in either IDES or post-service VA claims both the symptoms that are constantly present and refractory to therapy as well as how your activity level has been reduced due to […]

Why You Should Never Assume Anything

Last week,  I represented a client at a formal hearing who had retained me after receiving very strange PEB findings awarding him disability severance for a moderate sciatic nerve injury, but which ignored his lumbar spine injuries.  A quick review of the case file revealed why- the drafters of his medical board and speciality addenda […]

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