Appeals & Reviews
TDRL Reviews & BCMR/BCNR Appeals
Two of the most complex — and consequential — proceedings in military disability law. Attorney Gately represents service members at every stage, from TDRL periodic reviews through full Board of Corrections appeals.
757-481-0772 — Free ConsultationTemporary Disability Retired List
Temporary Disability Retirement List Review Cases
If you have been placed on the Temporary Disability Retirement List ("TDRL"), this means that one or more of your conditions is not yet medically stable and your case will be subject to continuing review. These review exams will occur one or more times during the statutory period that you may remain on the TDRL.
In a change to the TDRL process, members placed on the TDRL with a retirement date on or after January 1, 2017 will no longer enjoy a five-year period in which their cases may be reviewed and finalized. For such persons, all cases will be adjudicated within a three-year window. If your retirement date was prior to January 1, 2017, then your case will be processed under the five-year review period. At that point, your case must be finalized. In reality, most cases are finalized well before the end of the review period. That is why you must prepare for your first TDRL review exam starting the day that you retire.
For the vast majority of service members reading this page, you will have been placed on the TDRL as part of the Joint DOD/VA IDES Process. However, the TDRL review process is very similar to the old legacy system and requires careful study and preparation. You will be afforded the same rights and remedies granted under the legacy system. The only decision that is not subject to appeal is continuing you on the TDRL — since you are not deemed to have lost benefits and there is thus nothing to appeal.
To assist you in preparing, Attorney Gately has outlined below what you need to do to help him successfully represent you on the TDRL.
Ensure Continuity of Care — Starting Day One
You must ensure continuity of care by signing up for Tricare the day that you are placed on the TDRL and simultaneously enrolling in the VA health care system as well. If you receive additional insurance coverage through an employer or university, that is fine — but always maintain your enrollment in the Tricare and VA systems. Why? To ensure seamless transition of coverage in the event of job loss or problems with COBRA plans.
Be Seen Regularly for Every TDRL Condition
For every condition for which you were placed on the TDRL, you must be seen at least three to four times per year and follow any prescribed treatment plans. This includes obtaining updated printouts from your pharmacy showing that you have filled your prescriptions as scheduled.
Mental Health Conditions Require Uninterrupted Treatment
For mental health conditions — particularly trauma-induced conditions — you will likely be seen within six months of being placed on the TDRL as per the requirements established in 38 CFR Part 4.129. This means that there can be no break in therapy and medications must continue to be prescribed and filled.
Board of Corrections Appeals
BCMR & BCNR: A Complex Arena of Administrative Law
When prospective clients call about filing an appeal with the Board for Correction of Naval Records — known as the BCNR — or the Army, Air Force, or Coast Guard Board for Correction of Military Records — also called the BCMR — it is plain that many of them have no idea of the complexity of this arena of administrative law.
Attorney Gately has extensive experience navigating these proceedings. Here is what his representation includes — and why each element matters.
A Well-Crafted Petition for Relief
When Attorney Gately files a petition with the BCMR, ABCMR, AFBCMR, or BCNR, it is a comprehensive brief — not a form. It ties together all available evidence to overcome the presumption that the adverse decision being appealed was correct. This includes transcribing any audio recordings of PEB cases, show cause boards, boards of inquiry, or administrative discharge boards.
Obtaining the Advisory Opinion
Attorney Gately always specifically requests copies of all advisory opinions provided by the agency to the Board. This is the agency's response to your petition — and it is usually necessary to submit a detailed written response along with evidence refuting any errors in that opinion. If you do not ask for it, it may not be provided as a matter of course.
Independent Medical Review
In PEB cases, it is also necessary to specifically request that the Board receives an independent medical review and opinion regarding the merits of the case. This is not automatically done — even though appeals from PEB cases often involve complex medical issues. If you are Attorney Gately's client, you can count on this request being made.
Building the Best Case on Paper
Live hearings before these Boards are rarely granted. Never assume one will be held. That means the entire case must be developed and won on paper — through the quality of the petition, the evidence submitted, and the written responses to the agency. Attorney Gately's practice is built around doing exactly that.
All Branches
Attorney Gately Appears Before All Four Boards
Army
ABCMR
Army Board for Correction of Military Records
Navy & Marine Corps
BCNR
Board for Correction of Naval Records
Air Force & Space Force
AFBCMR
Air Force Board for Correction of Military Records
Coast Guard
CGBCMR
Coast Guard Board for Correction of Military Records
Related Resources
From the Blog
All articles →
Facing a TDRL Review or BCMR/BCNR Appeal?
These proceedings are too important — and too complex — to navigate alone. Attorney Gately offers free consultations for service members and veterans nationwide.
757-481-0772Schedule a Free Consultation