John Gately Atty
Call now
Call now
Website
Call
If you are a service member who has been injured and are not able to perform your duties, the odds are quite high that you will be processed through your branch's version of the Physical Evaluation Board ("PEB") system. For those in the DOD, you will be processed through the Joint DOD/VA IDES system. For those in the Coast Guard, Public Health Service and NOAA Corps, you will be processed through a legacy-based system.

Not to worry- I have been successfully representing clients in all branches of the armed and uniformed services in both systems for more than two decades. Once you are placed into your service's disability evaluation system, you will find yourself trying to navigate your way through a confusing maze of medical, legal, and administrative regulations.

You may find yourself thinking. Do I need to be part lawyer, part doctor, and part cryptographer figure this stuff out? Not to worry, this is where I can help. How do you know that I have the skill level and professional expertise needed to effectively represent you?
Services
The PEB system is exceptionally complex, and the burden is placed upon the individual, soldier, sailor, airman or Coast Guardsman to identify and push for the inclusion of all potentially unfitting conditions in his/her case.
You cannot depend upon your MTF or clinic to do so because their resources are limited, and no one knows both your symptoms and the requirements of your job as well as you.
When you go to medical appointments, have you ever noticed how they ask you to focus upon one issue with which they can help you?
The Air Force Physical Evaluation Board- otherwise called the Air Force PEB- process begins with the members of the Informal Panel at JB Randolph-San Antonio conducting a paper review of your DOD/VA IDES MEB package, your Commander's Letter and any other documents accompanying your package.
When you receive the findings of the Informal Panel- known as the IPEB, then you will have to sign an Air Force Form 1180 letting the PEB know whether you disagree with the findings or accept them.
If you are found fit and believe that this is wrong, then we will work together to provide the PEB with a detailed argument showing why you are unfit and demand a formal hearing.
When you receive the findings of the Informal Panel- also known as the IPEB, you will make an election of rights as to whether you accept the initial findings or whether you wish to proceed onward with the Navy IDES process.
How we proceed depends upon your goals.
If you have been found fit but wish to be found unfit, our first step will be to develop a detailed brief supported by medical and nonmedical evidence showing how each proposed unfitting condition prevents you from performing your duties.
Until this year, the Coast Guard had not participated in the Joint DOD/VA IDES program and had retained the traditional legacy PEB structure.
However, this structure will begin to change, as the Coast Guard rolls out its own version of the IDES process at pilot test sites in Alameda, Seattle, Clearwater, Yorktown, and the Academy.
The program is expected to go Coast Guard-wide in a year or so, but its expansion has been slowed down by the pandemic.
Note- this program will have significant procedural differences from the traditional DOD/VA IDES program.
If you have been placed on the Temporary Disability Retirement List ("TDRL"), this means that one or more of your conditions is not yet medically stable and your case will be subject to continuing review.
These review exams will occur one or more times during the statutory period that you may remain on the TDRL.
For such persons, all case will be adjudicated within a three-year window.
At that point, your case must be finalized.
In reality though, most cases are finalized well before the end of the review period.
Reviews
Review John Gately Atty

Be the first to review John Gately Atty.

Write a Review