Recent content by johnbgately

  1. johnbgately

    Any chance after negative advisory?

    Touch base with your lawyer, analyze the decision, and decide whether it is worth filing a motion for reconsideration.
  2. johnbgately

    ADSEP after Completing IDES USMC

    If the individual was administratively separated due to misconduct, then the IDES case is closed and the VA rating does not transfer- it effectively disappears. He or she would have to file again with the VA and the initial question becomes whether he or she received an Honorable discharge or a...
  3. johnbgately

    So I sent a congressional inquiry to the BCNR.

    Of course, feel free. However, you may wish to have your attorney inquire, as it appears that you have one based upon one of your previous responses.
  4. johnbgately

    So I sent a congressional inquiry to the BCNR.

    And, quick follow-up- if you have counsel for this matter, he or she should be able to reach out to the examiner for you.
  5. johnbgately

    So I sent a congressional inquiry to the BCNR.

    Note- typo in address above= [email protected] Typo in the previous entry that I have since edited.
  6. johnbgately

    It is what I do for a living and have for the past 30 years. However, Jason Perry- the owner of...

    It is what I do for a living and have for the past 30 years. However, Jason Perry- the owner of this forum- is a friend as well as a competitor. Thus, I do not trawl for clients on his site. However, you can feel free to contact me at www.gatelylawfirm.com
  7. johnbgately

    So I sent a congressional inquiry to the BCNR.

    If you have already received an advisory opinion and responded to it or chose not to do so, then your case would be placed in the queue for adjudication. Congressional inquiries receive a form letter response and do not typically result in an expedited decision. Having represented clients in...
  8. johnbgately

    FPEB need advice

    Okay, EPTS/EPTE means existed prior to service, not applicable here. And your meeting on Tuesday will be your initial post-findings meeting with an MEB attorney. I would recommend that you put in a request for an updated copy of your medical record to be delivered to you electronically via DOD...
  9. johnbgately

    FPEB need advice

    A couple of aspects of your questions are puzzling: (1) You wrote that you recieved 10% DOD/90% VA, but then wrote "separation without benefits". Do you mean that your condition was found to be EPTS/EPTE? Otherwise, 10% DOD means separation with severance pay. (2) When you were asked about...
  10. johnbgately

    Feeling Anxious about changes to DA 199

    If you are concurring with your findings and not seeking a VA one-time Reconsideration, the odds of the findings changing during the legal and quality review process are quite slim. When such changes due occur, it is either because of administrative errors- i.e. typos- or assigning a finding...
  11. johnbgately

    SFC Richard Stayskal Military Medical Accountability Act

    On January 1, 2020, the SFC Richard Stayskal Military Medical Accountability Act of 2019 became law. This law effectively overturns the Feres Doctrine and allows you as a service member to sue the federal government for any harm that you may have suffered due to medical malpractice at a military...
  12. johnbgately

    Received IPEB Back Jan-03-2020

    What your PEBLO should have told you is that, if you have 20 good Reserve years, you would not receive concurrent receipt of VA and Ch-61 pay until you were 60, less the time spent in deployments. However, your Ch-61 pay would start right away at 70% of the high-3 average of your high-three...
  13. johnbgately

    Received IPEB Back Jan-03-2020

    Quick answers- your redacted DA199 shows V1/V2- Yes, thus combat-related. And the detailed findings in Section V confirm this fact- see finding #1. The language that concerned you is merely boilerplate language in Section VI that is designed to inform the soldier that HRC makes its own...
  14. johnbgately

    Received IPEB Back Jan-03-2020

    Quick Question- were you assigned V codes to which the answer was "Yes"? As in, V1- Yes. If so, no issue. If not, then you may have an issue re CRSC- the key is to submit the most complete package possible with your DD2860 that ties in the PTSD with your deployments or combat-related...
  15. johnbgately

    Confirming Seizure D/O by Video EEG

    1. The service member nows has a diagnosis of a central focal point seizure disorder as confirmed by UAB- Medical Staff and is being treated now by their neurology department. The Navy adopted this diagnosis in revising his findings to reflect placement on the PDRL at a 60% PDRL rating. 2. We...
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