Author Archives: Thomas Roughneen
Claims for VA benefits and character of discharge
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL Basic eligibility for Department of Veterans Affairs (VA) benefits depends upon the type of military service performed, the duration of the service, and the character of discharge or separation. VA looks at the… Read More »
Existing prior to service and the eight year rule
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL By law, a Soldier with over eight years of active Federal Service is eligible for disability compensation even if the condition is Exist Prior to Service (“EPTS”). The eight years of active… Read More »
USERRA and the effect of arbitration agreements
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL Early decision on the effect of arbitration seemed to indicate that USERRA section 4302(b) overrides agreements to submit future claims to arbitration, however the 5th and 6th Circuit court of appeals have… Read More »
PEB what happens if i am found fit?
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL If the IPEB renders a “fit for duty” decision, you may either concur or nonconcur with that decision. NONCONCUR If you nonconcur, you should submit a written rebuttal that includes new medical… Read More »
Re-enlistment Codes RE-3 and RE-4
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL Our law firm can help you with advice on re-enlistment codes and petitioning your Command in advance of your separation and with Human Resources Command after your separation. Question: Can the Army… Read More »
Medical retention determination point how does this affect you!
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL. Medical Detention Determination Point (MRDP) The MRDP is when the Soldier’s progress appears to have medically stabilized, the course of further recovery is relatively unpredictable, and where it can be reasonable determined that… Read More »
Medical MOS retention board
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL Often the question is what role does the Medical MOS Retention Board (MMRB) play in the MEB/PEB process. Soldiers (AD or USAR/ARNG) who meet retention standards but have at least a 3 or 4… Read More »
What a PEBLO does for you
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL The Physical Evaluation Board Liaison Officer is one of your most important representatives throughout the IDES process. A PEBLO will be assigned to you at the start of your Medical Evaluation Board…. Read More »
UCMJ ART. 86 Unauthorized Absence
Unauthorized Absence (UA) Unauthorized absence is one of the most common violations under the UCMJ. Article 86 provides: Any member of the armed forces who, without authority: (1) fails to go to his appointed place of duty at the time prescribed; (2) goes from that place; or (3) absents himself or remains absent from his… Read More »
Bilateral factor when considering your disability rating percentage
If you are suffering from the same disabling conditions on both your left and right sides, here is the relevant language from Army Regulation AR 635-40 to increase your rating by 10%. It does not apply automatically and the PEB must consider this when finalizing your rating. AR 635-40 B-12 (c). Converting combined ratings…. Read More »
