Toll Free: 800-511-9293
Local: 706-860-5769

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

Court of Appeals

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.

Related posts

Recent Argument

I had the honor of arguing the case of United States v. Eppes at...

Valor Radio

While in NY recently, I had the privilege of appearing on the radio show...

PTSD and TBI

I see more and more cases with service members who have either PTSD and/or...

Why I do what I do

As a defense attorney, I am frequently asked how I can represent people I...

Shaken Baby Syndrome

This is an interesting article on “Shaken Baby Syndrome.”  I have represented numerous service...

Varieties of Courts-Martial

Summary Court-Martial – Trial by summary court-martial provides a simplified process for the resolution...

Court-Martial Appeals

Following a conviction at court-martial, a service member has several rights with regards the...

Removal of GOMOR

Mr. Cassara represented an Army nurse who received a GOMOR for allegedly drinking with...

Judicial Review and You

Known as “Judicial Review,” federal courts are empowered with the authority to review decisions...

Happy Veterans Day 2011

Today, Friday, November 11, 2011, our nation comes together to celebrate and thank veterans...

Leave a Comment

Leave a Reply

Your email address will not be published.