Veterans Disability Info Blog

Temporary Disability Retirement List and 70% Ratings

Working together, VA disability lawyer Eric Gang, Esq. and CitizenSoldierLaw teamed up to contact the Army PEB President at Joint Base San Antonio (JBSA) where the U.S. Army Physical Evaluation Board

Is located at Fort Sam Houston, TX 78234

In this Temporary Disability Retirement List (TRDL) Reevaluation formal PEB hearing, we successfully advocated for a recommendation for Combat-Related Special Compensation and a continuation of a 70% PTSD IDES DOD disability rating.

We represented an Army Captain who has only been able to maintain employment with the company where he worked as they provide numerous accommodations and were very veteran-friendly.

An expert psychiatric opinion, which included a review of all the medical records in this matter, included a diagnosis and discussion of why the injuries to our client were severe and his diagnoses caused social and occupational limitations most of the time in every aspect of his life.

We relied upon the hand-written statement of a girlfriend as well.

Included in our exhibits was the Bronze Star Medal that our client earned as a Second Lieutenant in Iraq, and it specified “frequent attacks” when on convoy missions. As this Board knew, 2LTs were not ordinarily the recipients of this hallowed citation.

This was a case at the formal PEB and if ever there was a TDRL reevaluation where the 70% CRSC PTSD rating was appropriate, the evidence that related to this Veteran met the criteria. We were honored to advocate for this retiree and ensure his DOD disability retirement for his life and that of his spouse.

We were proud to represent our client and provide initial guidance and then help him save resources by explaining the advantages of government-assigned counsel. In the end, we recognized and explained his options, including relying on the experienced counsel who comprise the Office of Soldiers Counsel. But when it came to representation at the formal Board, he contacted us again, and he was no longer fully confident that he would receive zealous advocacy. We appreciated the PEB’s understanding to allow late substitution of counsel.

On short notice, we prepared as best we could and received a great result. If you need assistance, do not hesitate to contact our VA disability lawyer for help.

About the Author

Thomas Roughneen, Esq.

Thomas Roughneen, Esq. is Of Counsel at Gang & Associates and founder of CitizenSoldierLaw. Thomas enlisted in 1988 and attended Army Basic Training as a Private in the New Jersey Army National Guard. He received his commission as a Second Lieutenant in 1990 from Rutgers University Reserve Officer Training Corps. After 30 years of service, he retired as a member of the New Jersey Army National Guard with the Judge Advocate General’s Corps (JAG). He previously served in Civil Affairs and Field Artillery. He Commanded a National Guard field artillery firing battery in Morristown, NJ. Following other assignments in the field artillery, he led a team of Soldiers conducting civil-military operations in Kirkuk and the Sunni Triangle in Iraq in 2003 and 2004. He later served as defense counsel to Salim Hamdan, a Guantanamo Bay detainee, before mobilizing again as a military prosecutor at Fort Dix, followed by a tour as a Brigade Judge Advocate in Germany. His last active-duty mobilization was as an adjudicator at the Physical Evaluation Board (PEB) in Arlington, Virginia, where he reviewed Army Soldiers’ claims for disability retirement after doctors completed the Medical Evaluation Board (MEB) and Narrative Summary (NARSUM).

He graduated from Johns Hopkins University, School of Advanced International Studies with a Masters in 2007, received his Juris Doctorate from Seton Hall University School of Law in 1995 and earned his undergraduate degree from Rutgers College in 1991. He earned a Meritorious Service Medal for his service in Germany in 2011 and two Bronze Star Medals during Operation Iraqi Freedom. He is married and is blessed with two daughters and a son. His three brothers are all military pilots, retired and active, and served countless tours in Iraq, Afghanistan and throughout the Middle East.