These case summaries are just a few examples of the standard of excellence we strive for at The Veteran’s Advocate — although we cannot guarantee any particular outcome, as each case has specific facts, circumstances, and evidence.
Guard NCO was recommended for medical separation at 20% for lower back injury because the Guard had denied LOD for the accompanying lower extremity radiculopathy and further refused to consider the radiculopathy as potentially unfitting.
Through advocacy at the PEB, The Veteran’s Advocate convinced the Air Force to find the radiculopathy symptoms as not only ILOD but also unfitting. The difference to this Veteran and his family was of course significant—permanent medical retirement instead of lump-sum separation pay with no retirement benefits (e.g. Tricare, survivor annuity, retirement pay, DoD ID for life, etc).
FERS Civilian Employee received proposed Removal of 20+ year employee for disputed one-time positive urinalysis, based on Command’s so-called “zero-tolerance policy”
The Veteran’s Advocate successfully argued that a “zero-tolerance policy” was on its face a violation of the Dept Army civilian employee disciplinary standards and therefore, the proposed Removal was per-se illegal. Under our credible threat of litigation at the Merit Systems Protection Board, Command agreed to a two-week suspension and the employee continued to serve through retirement.
Active-duty service member found unfit after being denied necessary medical treatment to correct unfitting condition
Active duty referred this service member into the DES for a condition that needed surgery to correct the condition. The necessary surgery was administratively denied because the member was in the DES and because the Informal Physical Evaluation Board (IPEB) found the member unfit for continued service. On argument to the Formal PEB, the service member’s case was returned to afford the member the necessary surgery and recovery time.
LTC found unfit for continued service while undergoing active cancer treatment
This active reserve member was undergoing continued treatment for cancer and was referred into the Disability Evaluation System (DES). With our assistance, this FGO was able to show that retention standards were not only met but exceeded—with significant senior leadership support for retention as well.
E-7 denied medical retirement for deployment related PTSD due to baseless Prior Service Condition (PSC) determination
This dual status technician service member deployed multiple times in support of OEF and OIF and returned home with PTSD. After continuing to serve as both a civilian and a traditional guardsman for years, NGB determined that the service member’s PTSD was not connected to any of the deployments but due to family stressors and referred the service member into the non-duty DES. With our assistance, this service member was found ILOD by The Secretary of the Air Force and permanently medically retired from the military at 70%.
SNCO found Not in the Line of Duty (NILOD) through NGB Prior Service Condition (PSC) determination
This service member had an in the line of duty (ILOD) finding for his unfitting condition, which was overturned by the National Guard Bureau (NGB) on a PSC determination. With our assistance, this SNCO appealed to The Secretary of the Air Force and had the PSC determination overturned. After five (5) years of fighting, the service member was permanently medically retired from the Air Force.
E-9 denied Medical Continuation (aka MEDHOLD or MEDCON), denied in the line of duty (ILOD) findings for four (4) unfitting conditions; and only given temporary retirement out of the DES
This Guard senior NCO was injured ILOD and was placed on active-duty orders for continued medical treatment. DoDI 1241.01 and DoDI 1332.18 require the military to maintain a guard member on active-duty orders if injured ILOD until the member has recovered or the member has been retired/separated through the DES. Due to a series of errors on the part of the service, this Guardsman was in and out of the DES (and Medical Continuation Orders) for over five (5) years! The National Guard Bureau (NGB) tried to deny ILOD findings for four unfitting conditions, which were then found ILOD by the Physical Evaluation Board. With our assistance, this E-9 was maintained on medical continuation orders, granted ILOD under the Eight-Year Rule for all of the unfitting conditions, and permanently retired at 100%.
CGO denied due process through illegal Air Force IRILO process
The service member was processed through the IRILO system within the Air Force and was returned to duty by AFPC with an assignment limitation code based on an unpublished policy memorandum. The Veteran’s Advocate requested reconsideration of the action as well as a copy of the unpublished policy memorandum that supposedly justified the Air Force’s IRILO decision. The service member was granted reconsideration and was referred into the DES.
Pilot FGO denied combat-related designation by Formal Physical Evaluation Board
The Pilot was denied combat-relation designation during the Disability Evaluation System (DES) process at the FPEB, based on an inappropriately invented standard by the FPEB. With our assistance, the FGO was granted combat-related characterization for the DES case and will receive all DoD financial payments tax free.
Guard CGO experienced adverse reaction to vaccine with multiple, serious, life-altering symptoms which the MEB refused to consider as incurred in the line of duty or as potentially unfitting conditions
Through incessant written advocacy at every opportunity, The Veteran’s Advocate defeated the Air Force’s 18-month campaign of insisting the conditions resulting from the adverse reaction to the vaccine had essentially no impact on the member’s ability to perform military duties. Through reference to federal statute and regulation, we convinced the PEB that all conditions must be considered as ILOD and potentially unfitting, both for their individual and collective impacts on the member’s duty performance. We simultaneously assisted the member in filing (well ahead of the DES filings) VA claims for the myriad conditions, achieving 100% P&T VA disability with a year of back pay, in addition to the DoD disability retirement.
