Search results

Congratulations! I am glad to hear that things worked out well for you,, and I hope you are continuing to recover. Best of luck in a well-earned retirement!! I know that you may not have time to respond, given that you are on leave and transitioning. But, if you have a chance sometime, I think...

Col Sullivan is very well known in this area of law and, as suggested, he "wrote the book" (or at least a book) on the subject. This gets complicated and plays out differently. Often, courts lack actual authority to order certain things. However, they can often make you wish you did. This is...

In the US Court of Federal Claims, there is generally very limited "discovery." In the military disability and military pay cases, almost everything is litigated based on the administrative record before the agency. That is just an aside; as to the real issue of the possibility of getting the...

One other point on US Court of Federal Claims cases....I would suggest that some issues are "in flux" as there has been a HUGE overturn of judges in this court over the last four years. I did a cursory count a few months ago, but it was something like 2/3rds of the active judges were newly...

As for class actions in the US Court of Federal Claims, I can explain how that process works, if folks are interested.

Wait...I am not sure I see any violation of law or regulation by not allowing dual receipt of VA and INCAP (or other military pay). Can anyone explain with a specific citation to the statute or regulation why this is not permitted. (I have dealt with this issue of recoupment and offset of...

Just a note on this...back in 2006 when I was Chief, Soldier's Counsel at Ft Sam Houston (recall this was with the Legacy System), the PEB would claim that all back conditions range of motions needed to be mechanically limited. That meant that if the examiner could push you further, that was the...

I have scanned (meaning that I did not read fully and analyze or think about all of the permutations and hypotheticals) the posts on this subject. I will offer this. First, there is some value to discussing what might happen or should happen in certain situations. I have said it before that...

If you have success in getting TERA (which would be good in most instances, because of eligibility for concurrent receipt), then that is all to the good and I think others would benefit from hearing about your success. Not trying to be a "Debbie Downer" (not sure if anyone remembers that SNL...

I am not clear from your post what you actually want. Do you want the TERA retirement? Or do you want the PEB outcome? Either way, from your thread title, you asked: "Can my CO revoke my TERA package?" I think this question reveals several issues. First, TERA is an early retirement authority...

As always, it is important to hear from folks what they are actually experiencing vis a vis their timelines. That said, I have always said (and seen) that individual cases are each unique. Your duty station can impact the processing of your case. Every year, there is a bit of a slowdown...

COVID adds an additional factor. However, it has been my experience that once a case is in the process at late November, it is subject to being impacted by a slow down for the holidays. This results in a bit of a backlog. Get to late December, same thing, but worse (because of two holidays...

It is very hard to know much about it and to have a true understanding based on the fact that there are so few instances where it comes up and there are no published decisions. It is horribly opaque. (That is also why I don't favor it; it is just too much of an unknown and unknowns are risky)...

No, I can't provide a specific example or a cite to a case. Several reasons for that (which are similar or the same for the reasons I suggested, but also I could not provide an example of a case where I fought this issue out without the permissions of my client...however, there is also no such...

I have very rarely seen COAD (or for reservists, COAR) approved. These days, I only see the cases that are from my clients or by hearing about cases through this forum. I can tell you that over the past 15 years or so, I have only seen a handful of cases that were approved. It's not that it...

The Department of the Navy has updated its previous DES regulation, SECNAVINST 1850.4E, to a new and shorter version (SECNAVINST 1850.4F). The updated regulation references this Manual which is a completely new issuance.

Jason Perry submitted a new resource: SECNAV M-1850.1 Department of the Navy Disability Evaluation System Manual - Navy DES Manual Read more about this resource...

The DoN has changed its DES regulations (effective 27 JUN 2019). This regulation supersedes the previous SECNAVINST 1850.4E. It is much shorter than the previous version, however, there is an additional new regulation, SECNAV M-1850.1 (September 2019), which covers many important issues and...