Court of Appeals

Favorable decision from the Court of Federal Claims remanding our case back to the AFBCMR for corrective action.

Recently received a favorable decision from the Court of Federal Claims remanding our case back to the AFBCMR for corrective action.  Our client had an undiagnosed seizure disorder that led him to act as if he were drunk and disorderly at an event.  Even with the recommendations for relief by three medical advisory opinions, the AFBCMR denied relief because our client had not shown by “clear and convincing” evidence that his behavior was a result of the medical condition.  The AFBCMR wanted our client to meet a higher standard of proof that was required, and the Federal Court agreed.  By requiring our client to prove his case by clear and convincing evidence, instead of the preponderance of the evidence standard, the Court found that our client suffered an injustice that was worthy of remand.  A great favorable result for our client who has been fighting this battle for a long time. If you or a loved one are in needed of trusted Military Representation, contact our firm today.

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