FAQ's  


Why should I have representation?

The main reason for retaining an attorney is that the stakes are high and a skilled attorney can help you to get the best result possible in your case.
A favorable decision in your case means you will either be returned to duty or, when that is not possible, you will be retired and draw retired pay as well as retaining medical benefits for you and your family. If I take your case, I will use a three step approach to get you the best result early. First, I will assess the evidence in your case and help identify what additional evidence is needed to win. Second, relying on my experience at hundreds of boards, I will argue your case using the best evidence and legal argument available. Finally, I will be vigilant in identifying the legal errors made in your case. This approach will maximize your chances for success.
 
Are you familiar with the latest changes in the law?


On August 5, 2014, the Department of Defense issued DoD Instruction 1332.18, and DoD Manual 1332.18 (Volumes I and II). These regulations update some rules, consolidate some previous issuances, and withdraws and/or supersedes other regulations. I have read and analyzed these new issuances, and have successfully argued on behalf of clients in administrative hearings and in the Federal Courts using these new regulations.

The 2008 National Defense Authorization Act made important changes to the law regarding military physical disability. I have been tracking this law since it was first debated in Congress and am aware of how it impacts cases. An important change is the requirement that the Physical Evaluation Board rate according to the Veterans Affairs Schedule for Rating Disabilities as interpreted by the US Court of Appeals for Veterans Claims. (I am admitted to practice law in this Court). The law also makes certain conditions that are combat-related and/or incurred in a combat zone not subject to offset of your VA benefits. There is also an increase in minimum severance pay, the creation of the Physical Disability Board of Review for those separated since 2001, and strong language supporting members staying on active duty after an unfit finding. My knowledge of these important changes will allow me to best represent you at the Physical Evaluation Board.

Can you assist with National Guard and Reserve cases?

Prior to my active duty commission in the JAG Corps, I served 10 years in the Army National Guard. In that time, I commanded a Company that was mobilized. As a result, I am very knowledgeable about National Guard and Reserve issues. I have represented many Guard and Reserve Servicemembers.
 
What happens if the formal Physical Evaluation Board rules against me?


After the PEB, there are various administrative and judicial options available to appeal, including the Board for Correction of Military Records and the Physical Disability Board of Review. I can advise you on the difference between a wrongful discharge case and ratings appeal cases, which court each is heard in and what steps are necessary to asserting jurisdiction in the correct Federal court.
 
Where can I read more?

I recommend you review the free information site I set up for Servicemembers, Physical Evaluation Board Forum for more information on the process.

 
Here is a listing of some primary sources:

Title 10 USC Chapter 61
Department of Defense Instruction 1332.18
Department of Defense Manual 1332.18, Vol.I
Department of Defense Manual 1332.18, Vol.II
AR 635-40
Air Force Instruction 36-3212
SECNAVINST 1850.4E