Recent content by johnbgately

  1. johnbgately

    Confirming Seizure D/O by Video EEG

    I have recently dealt with a seizure disorder case in which the individual had been mistakenly labeled with a conversion disorder by a neurologist based upon his subjective observations and without objective confirmation by a video EEG. I am posting this comment as I am now aware of several...
  2. johnbgately

    Commander's Impact Statement-My leadership is fighting what is allowed on the form.

    The AF 1185 is a critically important document in your case. Board members review it to provide context to your NarSum, addenda, and OPRs/EPRs. And, despite what many may think, personal bias can adversely affect your outcome regarding fitness determinations in what is actually a very...
  3. johnbgately

    Important PDBR Info

    Dear Friends, The other day, Jason Perry and I were discussing an interesting development that I have observed over the past month in my practice. Several reservists who had been in the Navy PEB process during the PDBR eligibility period approached me about filing with the Board of Corrections...
  4. johnbgately

    Sent to navy for review in March

    While Ms. Jones is a great person and a good POC- I have worked with her for years on behalf of my clients- the person tasked with reviewing such recommendations is Roger Claussen. He is an attorney who is also tasked with reviewing PFRs, BCNR advisories, and about ten other primary and...
  5. johnbgately

    PDRB Question

    The PDBR is intended to address conditions for which you were rated as Unfit at 0, 10 or 20 percent disabling and is not intended as a vehicle to address conditions that were not found unfitting at the time of separation. The BCMR/BCNR is the vehicle for addressing those additional conditions-...
  6. johnbgately

    TDRL to PDRL (Stressing)

    Tiffany, It will be hard for anyone online to give an informed answer without knowing more about the original diagnosis, the prior course of events on the IPEB/FPEB level, etc. There are rating codes like those for MS that mandate a minimum rating of 30%, but it sounds like the IPEB attempted...
  7. johnbgately

    FPEB APPEAL

    If it is an IDES case, then you would appeal the percentage via a VA One-time Reocnsideraton request ("VARR"). If it is an LDES case, then it is a straight appeal to the SAFPC (USAF), USAPDA (USA), CORB (USN) or to the PRC (USCG). In each of these cases, you would remain on active duty until...
  8. johnbgately

    C&P Exam has my ROM wrong!

    In addition, the PEBLO and MEB counsel are mistaken in one respect. You can and should identify discrepancies int he VA C&P exam in a rebuttal to your medical board and attach the updated range of motion data. why? Because the D-DRAS personnel in Providence and at SeaTac have been disregarding...
  9. johnbgately

    C&P Exam has my ROM wrong!

    Okay, reality check- outside range of motion exams from chiropractors and physical therapists will be accepted by the VA D-RAS provided that they indicate that the assessment was performed using a goniometer, three rounds of testing of all planes of motion fo the affected joint or spinal segment...
  10. johnbgately

    Board of correction question

    Most of the boards- you did not specify which one- ae swamped with petitions but progress is being made catching up on old cases. In some instances, I have seen fairly new petitions- filed with the past 18 months- moving through the system faster than similar issues filed 3-6 years ago. On the...
  11. johnbgately

    MEB intiated for Ulcerative Colitis, What are my chances of staying in?

    First, review the current USAF Aeromedical Waiver Guide at pages 918-919: https://www.wpafb.af.mil/Portals/60/documents/711/usafsam/USAF-Waiver-Guide-190605.pdf. second, be advised that if you are not in remission as established by endoscope vice clinical observation, there is a very high...
  12. johnbgately

    Calling Any PEB Convening Experts......Help

    In Navy IDES cases, your attorney should obtain and review with you the JDETS working card in the TRIM file- the actual PEB case file- to obtain the quick and dirty analysis as to how the two IPEB members made their findings. A review of the TRIM file will also disclose whether the IPEB members...
  13. johnbgately

    Marine TDRL Re-Eval Question

    While on the TDRL, you will be scheduled for a review exam that can be conducted at a major MTF or may be initially performed based upon records that you provide. No one is going to stop either your TDRL pay or VA disability compensation pay because you are not regularly providing the VA or the...
  14. johnbgately

    Case assigned to analyst BCMR????

    The various Boards of Correction assign cases to analysts- typically GS-9 to GS-12 (law students, management internship awardees, career DOD personnel) who draft a brief for the Board members. This brief is typically adopted by the Board as its decision, albeit with some edits. This is because...
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