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Tag Archives: Air Force PEB

Taxability of Combat-Related Military Retired Pay

This post is designed to help those of you who have been medically retired under Chapter 61 and receive a “V” Code from the Army PEB or its equivalent from the Air Force, Coast Guard, or Navy PEBs for a combat-related determination. For some reason, DFAS personnel have shown a particularly low knowledge level of […]

IPEB RECONSIDERATION REQUESTS UPDATE- JULY 2023

Since most of you know that I am a big fan of using IPEB Reconsideration Requests to attempt to obtain a favorable decision for my clients without a formal hearing, I am writing to provide the latest update as of July 2023 regarding each service’s practice concerning such decisions. If you are an Army service […]

USAF POST- FPEB APPEAL RULES OF PROCEDURE

usaf post-fpeb appeal rules2023 The Air Force published its Rules of Procedure for Post-FPEB hearings earlier this year, and I have attached a copy of this document for your review.  You should be aware of several key points when choosing to exercise a Post-FPEB appeal.  First, you are given three days after receiving your FPEB […]

SOCIAL MEDIA IS NOT YOUR FRIEND DURING THE IDES PROCESS

If you are in the IDES Process- especially Navy and Marine Corps personnel- you should be aware that some PEB members- typically the medical officers- do occasionally trawl through major social media platforms to determine whether you are currently performing activities that contradict your stated duty limitations and/or profile. But, an even more significant risk […]

HOW TO PUSH BACK WHEN THE PEB DEVIATES FROM THE VASRD

Recently, I was confronted with a situation in which a prospective client’s IPEB decision rated a thoracolumbar spine condition under VA Code 5003 for degenerative arthritis alone because the members felt that the primary injury was to the thoracic spine.  Since this spinal segment has very little range of motion, the IPEB members ignored a […]

WHEN WILL YOU BE PROVIDED MILITARY COUNSEL PRIOR TO AN FPEB OR FPEB APPEAL?

While I have honestly not met an incompetent or “bad” military counsel in 30 years of representing service members in the PEB process, the downside to working the military counsel is that their caseloads are much higher than civilian counsel. This gives them less time to work with you and develop your case. At the […]

New USAF FPEB Rules

Important Update for USAF members who are pending a formal hearing.   The Air Force recently updated its Rules of Practice and Procedure for formal hearings. If you have civilian counsel who has not recently represented clients before the USAF FPEB, then both you and your attorney should review a copy of the attached document. Why? […]

Persuasively Using PEB-directed Rating Returns in Navy and Air Force Cases

Lately, the VA Rating Activity staff in Providence, Rhode Island, have been combining potentially unfitting conditions rated by analogy with referred conditions found in the VASRD.  This approach is typically not to the benefit of  Navy, Marine Corps, and Air Force members.   For example, VA Rating Activity personnel have recently combined ratings for little-known autoimmune […]

How to File an Effective SAFPC Appeal after a USAF Formal Hearing

A little over a month ago, the Air Force restored the SAFPC appeal process- a post-hearing appeal right it suspended during the height of the pandemic. The SAFPC appeal process involves a written appeal supplemented with medical and nonmedical evidence that seeks to overturn an adverse decision by the Formal PEB (“FPEB”).   There are two […]

How to Effectively Use Civilian Providers for USAF TDRL Review Exams

Air Force personnel- Active Duty, Guardsmen, and Reservists have three options for completing their TDRL review exams. First, you may choose to be evaluated at a Military Treatment Facility. Or,  you can submit medical documents for review from your civilian or VA provider. Finally, you can request that your civilian or VA provider conduct your TDRL […]

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