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Recent Blog Posts

Vital Tip for Coasties in the PDES Process at 18+Years Service

Exciting news for Coasties- the IPEB members at PSC-psd-de have begun specifically including recommendations for members with 18+ years who have been found unfit for future service to be retained on active duty until their 20-year retirement date.  And, bonus-  unlike the other armed services- the Coast Guard process is one in which you can […]

Can a 100% P&T Rating Be Set Aside Under CUE?

Recently, I have seen posts in online forums from several veterans with 100% P&T ratings from the DVA who have asked if these ratings can be set aside under a Clear and Unmistakable Error (“CUE”) theory if they begin working. My short answer- no.  Here is why- under 38 C.F.R. § 3.105(a), the VA must […]

Interesting DOD-Funded Study Using Speech Analysis to Diagnose PTSD

In a DOD-funded study published online in the journal Depression and Anxiety,  a team of NYU and SRI (the developers of Siri)  researchers revealed the development and testing of an artificial intelligence tool can distinguish- with an 89% degree of accuracy- between the voices of those with and without PTSD.  While this sounds promising on […]

Good News for Fibromyalgia Patients

For those of you with fibromyalgia who often encounter skepticism from military providers or a tendency to attribute most of your symptoms to a conversion or somatic dysfunction disorder, here is good news. “A study by Massachusetts General Hospital (MGH) researchers — collaborating with a team at the Karolinska Institutet in Sweden — has documented […]

Combat-Related- Covers More than Actual Combat

Many of my prospective clients do not realize that some of their injuries may be considered to be combat-related or incurred while in ultrahazardous service.  Recently, I have obtained combat-related status for two Marine Corps officers whose orthopedic injuries were incurred while participating in the Marine Corps Martial Arts Program (MCMAP).  Also, several of my […]

Read Your Findings Carefully, as Mistakes Happen!

In a recent Navy disability case, I was retained to represent a service member who had lost his case at a formal hearing.  However, upon reviewing the case file, the audio recording and the decision itself, I found that the board members had incorrectly assigned the member a 20% disability rating for a shoulder injury […]

New Coast Guard Medical Manual Pending

FYI to all Coasties on a limited duty status or pending a medical board- there is a new Coast Guard Medical Manual pending final authorization that, in its current draft format, eliminates any reference to the chronic use of immunosuppressants as being service-disqualifying.  This development is good news for those with Crohn’s disease, ulcerative colitis, […]

Supreme Court Denies Review of Feres Doctrine Challenge

When Ruth Bader Ginsburg and Clarence Thomas agree, you know that the world has turned upside down.  However, both justices would have granted certiorari to review a challenge to the infamous Feres Doctrine in the case of Daniel v. United States.  The Feres Doctrine was established by the Court’s decision in  Feres v. United States, […]

How to Prepare for Telephonic MEB Interviews in Army Guard & Reserve Cases

If you are an Army Guardsman or Reservist who is undergoing a PEB after being released from active duty orders, the odds are very high that your medical board narrative summary will be prepared by a doctor at Fort Gordon or some other remote facility based upon a telephonic interview as opposed to a live […]

4 Ways to Use Nonmedical Evidence to Win your PEB Case

In the performance-based PEB disability evaluation system, nonmedical evidence is vital in showing why one or more of your various medical conditions should be found service-disqualifying and assigned disability ratings.   This evidence typically consists of letters from supervisors, coworkers and subordinates describing how your injuries or medical conditions adversely impact you in the military workplace and […]

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