Author Archives: Thomas Roughneen
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 »
Concurrent receipt special compensation
http://www.dfas.mil/retiredmilitary/disability/crdp.html Here is what DFAS has to say about it: Concurrent Retirement and Disability Pay (CRDP) allows military retirees to receive both military retired pay and Veterans Affairs (VA) compensation. This was prohibited until the CRDP program began on January 1, 2004. CRDP is a “phase in” of benefits that gradually restores a retiree’s… Read More »
Forms at the PEB & for administrative/apellate review
DA Form 199 Physical Evaluation Board Proceedings (Prescribed in paras 3–5d, 4–15h, 4–19, 4–20, 6–10b, 6–12c, 7–20, 8–8, C–7c(1), C–8b(1), and C–8e.) DA Form 199–1 Formal Physical Evaluation Board Proceedings (Prescribed in paras 4–19l(1), 4–19o, 4–19p(1), 4–21r, 4–21t, and 4–21u.) DA Form 199–2 Revised Findings of United States Army Physical Disability Agency, in paras… Read More »
Military members & veterans eligibility for social security disability income and supplemental security income
Military members and Veterans are able to obtain Social Security Disability benefits. The Department of HHS will move you to the front of the line. All military members who were activated at the time of the injury are eligible. Social Security Disability Income and Supplemental Security Income are benefits possibly available to you. The decision will… Read More »
Who rates my condition!?
Who rates my condition? The question as to who has the authority to rate disabilities for compensation is frequent, and the answer, surprisingly is – it depends. Fortunately, no matter which authority is rating your condition, they are required to adhere to the laws of the VASRD (for more information on the VASRD please… Read More »
The DOD got my ratings wrong – the appeals process
“The DOD got my rating wrong!” – what the appeal process looks like The DoD Disability Appeals Process can be broken down into particular levels. The first rater of your disability will be the Informal Physical Evaluation Board (IPEB). The IPEB will use the assigned ratings provided by the VA. If you are dissatisfied… Read More »
Veterans can apply for discharge upgrades based on certain behavioral health issues
http://arba.army.pentagon.mil/adrb-ptsd.cfm Congress Passes Benefits for Benefits Who Apply for discharge Upgrades for Certain Behavioral Health Issues http://www.armytimes.com/story/military/careers/army/2014/12/17/veterans-can-apply-to-upgrade-discharge-for-ptsd/20529495/ Army Times Story: A special web page has been launched to assist veterans seeking to upgrade punitive discharges related to behavior problems caused by post-traumatic stress. The web page provides information and applications to seek an upgrade… Read More »
USERRA and the “Cat’s Paw” theory
The Uniformed Services Employment and Reemployment Rights Act provides in relevant part: “A person who is a member of… or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that… Read More »
Physical Disability Board Of Review
If you need assistance with a reconsideration of your severance from the military because you did not qualify for the benefits, pension and healthcare that you earned, you should contact a lawyer. We have the experience with the various military boards to file a petition on your behalf with the correct agency. (find the… Read More »
Traumatic Service – Group Life Insurance
From the Reserve Officers’ Association Website April 2014 TRAUMATIC SERVICE GROUP LIFE INSURANCE: THE BASICS By Joshua Flynn-Brown, Esq.[1] 11.0—Veterans’ claims Traumatic Service Group Life Insurance (TSGLI) can be a complex subject but it is a very important topic to broach. Many members of the uniformed services have suffered and, unfortunately, will suffer physical… Read More »
