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The VA presumption of service connection applicable to a variety of conditions associated with exposure to Agent Orange, service in southwest Asia or the Horn of Africa associated with Gulf War Syndrome, exposure to burn pits under the PACT Act, or exposure to tainted water at Camp Lejeune...

Chaplain Charlie is spot on. A VA rating of either an unfitting or non-unfitting condition provided in connection with a military disability separation proceeding is still subject to all the various VA appeal mechanisms, whether involving a supplemental claim, a higher level review, or a Board...

RC members, including those in the National Guard, unlike their Regular counterparts, in many instances are unable to benefit from the line of duty presumption that a disease or injury was incurred or aggravated during a period of active duty service of more than 30 days. This problem often...

Your lawyer is correct. The military disability determination made by a PEB focuses solely on the conditions that the PEB determines are unfitting. Consequently, the PEB is concerned only with the proposed ratings provided by the VA D-RAS for those unfitting conditions in reaching its final...

I concur with the prior comments by Provis and Ron G. With regard to your promotion, if you are selected for O-4 when you are being processed through the Disability Evaluation System and are on the O-4 promotion list at the time it is determined you should be placed on the PDRL or TDRL, your...

In my experience, after a correction board orders relief involving referral of a case to a PEB, it takes a month or two for the PEB administrative people to act on the correction board's order. At some point, administrative folks from the PEB should reach out to you to advise you on the status...

Because your leg condition was noted upon your entry into service, ARMMC will characterize it as a pre-existing condition. That means that unless you can establish that the condition was aggravated during a period of active duty service greater than 30 days, your case is likely to be considered...

The critical issue for you will be whether there is evidence in your medical records or your military records that establishes your leg condition was incurred or aggravated as a result of or during a period of active duty service greater than 30 days. If so, you will be processed through the...

Here is a copy of the Sissel decision.

Petitions to the correction boards are permissive, not mandatory, and do not toll the 6 year statute of limitations on military pay or retired pay claims either at the US Court of Federal Claims or a US District Court. Filing first with a correction board is often prudent to develop the record...

In determining a service member’s military disability rating, a PEB considers and applies VA ratings for only those medical conditions that render the member unfit to perform the duties of the member's office, grade, rank, or rating. Typically, the conditions found unfitting by a PEB include...

The VA Schedule for Rating Disabilities (the VASRD) does not have a separate diagnostic code, or rating, for CRPS. That being the case, the Navy (or Marines - you don't specify) in the MEB and PEB process to assess your unfitness and assign it a VA provided rating, will derive a rating by...

The focus of any application to a military correction board or a complaint in the US Court of Federal Claims would need to be on the findings and recommendations of the PEB or, if applicable in your case, the basis for and process by which it was determined that your condition was neither...

You may be referring to the DA Form 7652, DISABILITY EVALUATION SYSTEM (DES) COMMANDER'S PERFORMANCE AND FUNCTIONAL STATEMENT. Here is the link to the form on the Army Publishing Directorate website: https://armypubs.army.mil/pub/eforms/DR_a/ARN31863-DA_FORM_7652-001-EFILE-2.pdf

You may want to consult with the attorney who assisted you with the PDBR application, as he or she is likely to be most familiar with the facts of your case and to determine the likelihood of success in a district court finding the PDBR decision arbitrary or capricious. The attorney can also...

It would appear that the facts of your case may be consistent with the Sissel decision because, at least based on the isolated language you've provided, the PDBR appears to have applied the "significantly interfered" standard to the condition that was not independently unfitting. This is the...

In a decision issued on July 28, the United States Court of Appeals for the District of Columbia Circuit clarified the standard a PEB must use in determining whether a Service member may be unfit as a result of the combined effect of two or more conditions even though each of them, standing...

If you voluntarily agree to a medical separation, you have zero likelihood of then successfully convincing the ABCMR that the Army committed a material error or injustice by separating you rather than placing you on the permanent disability retired list. Presumably you are not eligible for a...

Provis has appropriately raised the issue of the remedy you will derive even if you prevail in obtaining a military retirement. That said, your only remedy is to submit an application to the Army Board for Correction of Military Records (ABCMR) where your likelihood of success on the facts...

The pertinent regulation is at 5 C.F.R. § 842.306, which is the OPM regulation dealing with creditable military service with respect to a FERS retirement and annuity. The regulation implements the statutory provision at 5 U.S.C. § 8411(c). I’ve provided the text below. Basically, an individual...