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No, under 10 USC 1413a, “the Secretary concerned” is the military Service Secretary. The military determines entitlement to CRSC.

I will try to offer some insight. The original question was not clear as to the focus of the VA "determination" being the combat-related issue. Seems to me that folks are asking good questions, and folks are offering good information. However, also seems that the main point or issue is not...

I hope everyone has a Happy Memorial Day that includes honoring and reflecting on those who gave the ultimate sacrifice in defense of our Nation. I have struggled at times with how we, as a Nation, observe this day. This is more so as to how those who have little connection to military service...

Thanks to everyone who has donated. It is appreciated. Both on my behalf, but also for all the folks and their family members who are looking for information or help. I actually, once again, have some skin in the game. My son is deploying to Afghanistan soon (yeah, I know we are drawing down...

I am actually clear that what I wrote is "legally correct." My language in the response was being a small bit kind to your valid points as to what often happens. But, Tri-Service MEBs are a "thing," and if fought out, should resolve along the lines I stated. All of that said, there is a fair...

I am not sure that the bolded is technically accurate. If an Army doc is assigned to an AF Clinic or Hospital, they could initiate for any branch member, I think (assuming they are properly credentialed, which almost all would be...no point in having an AF doc assigned to a Navy Hospital, but...

I don't have an example that could help you for several reasons. The first and foremost reason being that any such example would not be fact-specific to what you need and what would be helpful. That said, I have written several posts about what should go into an MEB rebuttal letter. (You can...

One other point of clarification based on the above comment. If you were to pursue military disability retirement compensation, your first stop would be the ABCMR (which would be the "first competent board" to look at the issue. I mentioned Federal Court and the statute of limitations because...

Advertisement with Google have been a way that I have used to help defray the costs of running this forum. They were "fine" for that purpose and have definitely helped. Still, they always annoyed me (I have the ability to turn them off for certain groups or members, but, I kept them on for me so...

These are just some general comments. I don't know enough about your case and situation to offer more, and I don't offer legal advice here. That said, I see some issues that might be helpful to you or others in similar circumstances. A key issue is the time since you were discharged (which, I...

There is a lot to potentially unpack in all of this. I abhor the bunch of attorneys who are out there and advertise for DES/PEB cases and rarely if ever, practice in this arena. They are often ignorant about the laws and regulations, charge as if they know something (above what they should, in...

Here's the extra rub- the VA doesn't look to DES processing decisions as a basis to reduce ratings on the VA side. There are so many favorable limits on how and why the VA can reduce ratings (plus, procedural protections). I laughed out loud last week when the PEBLO tried to pitch LDES when my...

Baaed solely on what you wrote, sounds like you have a good case. "Lawyers who specialize in military law" is something that grates on me. There are very few lawyers who practice for the majority of their cases (or solely) in the area of military disability law. Jack Gately is one, and I am...

1. Get an honest (self) assessment about your situation and your goals. I suspect that you may be open to a change in position. I think that is good. 2. Talk with your attorney. I don't know how many times I can say it. I can say it in different ways. I can say it many times. I can explain it...

Ablev93, Welcome to the PEBFORUM! I am sorry to hear of your problems (both health and career-wise). This has to be a stressful situation. I will share with you my thoughts (based solely on what you shared and my educated guesses about them), though, I don't think they will be that comforting...

FootPain4Life, Welcome to the PEBFORUM! I am sorry to hear of your problems. I will try to answer your questions. Remember, each case is "fact-specific" and I may not not know all of the facts of your case. No worries on the length of your post. More info is usually better to try to help. The...

The smartest guy (and attorney) I know on Coast Guard issues is Jack Gately. He is a friend, colleague, competitor in the legal field, and an all-around good guy. I post this with some reservations because outside of ads that are used to defray costs around here, this site is not meant for...

Just to add some concurrence to the posts from Guardguy11, for case purposes and your benefits, MEDCON is the preferred course of action. Best of luck!

Hello Oxalate! I think that Oddpedestrian's post really hits the main issue. If your condition is evaluated as meeting the criteria for a 50% or higher rating, then, along with the stability statement, you have a chance for a PDRL finding. However, if it is evaluated at a 30% scheduler rating...