Recent content by johnbgately

  1. 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...
  2. 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...
  3. 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...
  4. 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...
  5. 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...
  6. 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...
  7. 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...
  8. 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...
  9. 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...
  10. 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-...
  11. 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...
  12. 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...
  13. 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...
  14. 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...
  15. 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...
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