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  1. johnbgately

    Army FPEB; Overcoming Presumption of Fitness (PFIT)

    If you are an active duty service member and are found fit, then the case is closed and no VA rating is finalized. If you are a Guardsman or Reservist, however, you can be found fit and still receive a VA rating.
  2. johnbgately

    AF 618/PEBLO - I think I'm getting completely incorrect information

    Your PEBLO is mistaken in her interpretation of the purpose of Block 22 on the AF IMT 618. Block 22 simply describes the purpose for which the board was convened, whereas block 25 contains the action recommended- if Block 25 reads refer to IPEB, then you are not being returned to duty at this...
  3. johnbgately

    Advertisments are gone- for now!

    Donation made, keep up the good work, old friend.
  4. johnbgately

    Need PEB lawyer recommendations...

    No worries, message received, David. I replied to you privately and will be in touch later this afternoon- 4/22/21.
  5. johnbgately

    Need PEB lawyer recommendations...

    I'm not sure what inspired this comment, as I have ever claimed to be perfect. Both Jason and I win a high percentage of our cases- however, neither of us has a perfect record. The reason that we both have a high success rate is very straightforward- as civilian counsel, we can work with...
  6. johnbgately

    TDRL removal

    You are correct- if he has been removed from the TDRL, there is no entitlement to legal advice/representation from a Navy judge advocate. DAV reps will not be able to help you in this matter either. It would be strange if Tonjua Howard was unaware of the status, as she would have handled the...
  7. johnbgately

    When to expect TDRL mental health examinations

    Sadly, PEB members are not concerned with the autonomy of the patients or their desires when assessing degrees of impairment. This is a rigidly choreographed exercise in the application of the VASRD in which most members will indulge themselves in the assumption that, if you are not under...
  8. johnbgately

    When to expect TDRL mental health examinations

    A simple analysis based upon 30 years of representing service members in this setting- if you are not in therapy, the IPEB members of all of the armed forces (especially the Navy PEB) will make the assumption that your mental health disorders can be controlled by medication only- this equates to...
  9. johnbgately

    PTSD was listed as "not combat related" during Navy MEB even with documentation.

    If you are a Navy or Marine Corps member, you can appeal the "not combat-related " finding to Code 13 Navy OJAG, Branch 133. Here is their contact information: Mailing Address: Administrative Law (Code 13)Pentagon 4D6411322 Patterson Ave., Suite 3000Washington Navy Yard, DC 20374-5066 Phone...
  10. johnbgately

    FPEB Question

    That would be a pretty quick turnaround on a VARR from the VA D-RAS activity in Providence, but I would suggest that it might be easier to contact your Code 16 attorney by e-mail than by phone. The PEB has vastly increased the number of cases of formal hearings being heard each week and the...
  11. johnbgately

    Interesting New Updates from the Board of Veterans Appeals

    For any disabled veterans and their advocates, here are some interesting and useful updates from the Board of Veterans Appeals. Feel free to share with anyone who might benefit from this info. Here is the link:
  12. johnbgately

    FPEB ICO LaTanya Broussard

    The good news is that you have Jeremy Wall as your Code 16 counsel on next week's docket. Jeremy was a superb JAG re PEB cases when on active duty and it was great news that he has returned to the Yard as a civilian Code 16 counsel. So, if something falls through with your retained counsel...
  13. johnbgately

    Case Boarded....Medical Advisory completed but didn’t receive a copy of it

    I would recommend that you reply and ask for a copy of the advisory opinion. You should have been provided a copy of the opinion as well as the opportunity to reply to it
  14. johnbgately

    When to expect TDRL mental health examinations

    1. The Navy is most definitely catching up on the backlog, expect an exam within 9 months of being placed on the TDRL. 2. In addition to keeping PERS informed of your contact information, please make sure that Tonjau Howard- the TDRL Coordinator at the PEB- is informed of your contact info as...
  15. johnbgately

    VA Updates Musculoskeletal Rating Criteria

    On February 7, 2021, the VA updated the musculoskeletal rating criteria for the first time in years. To see how these changes may impact your pending IDES case, please click on the attached link to the applicable section of the updated electronic CFR : Electronic Code of Federal Regulations (eCFR)
  16. johnbgately

    Placed on TDRL, what to do to prepare evaluation?

    Simple answer- remain in therapy at least twice a month, refill your meds as prescribed, and review your therapy notes to ensure that your providers are accurately recording your symptoms. If not, then you would need to find a new provider. The Navy PEB will be looking at your post-service...
  17. johnbgately

    IDES/VA Attorney options

    Hi, replying offline to you by message
  18. johnbgately

    IDES/VA Attorney options

    While I would be glad to respond to your questions, the issues that you posed require a bit more knowledge about the facts of your case. However, you would have to contact me via my website as it would be professionally inappropriate and bad manners for me to effectively give legal advice on...
  19. johnbgately

    IDES/VA Attorney options

    Thanks for mentioning me! My name is actually spelled Gately, but you're not the first one to misspell it. Frankly, I often do it myself when typing too fast. As for your list, all of the attorneys listed are quite good. Hill and Ponton is a great firm but focuses much more on VA cases than...