.... Dr. Goldman made the recommendation pursuant to Air Force Instruction (AFI) 36–3212, which governs “Physical Evaluation for Retention, Retirement, and Separation,” and AFI 48–123, which covers...“Medical Examinations and Standards.” AFI 36–3212 establishes the procedures for the physical evaluation of personnel, including procedures for confirming a diagnosis and processing internal appeals.... See AFI 36–3212, Ch. 2. The MEB also requested supplemental documentation...

...has issued a number of regulations implementing these statutes. See, e. g., Air Force Instruction ("AFI") 36-3212; AFI 41-210; AFI 48-123. These regulations...establish the Air Force's Disability Evaluation System ("DES"), which is the process for determining whether service members are physical unfit for service. See AFI 36-3212 ¶ 1.1. That process...

...Force Instruction (“AFI”) 36-3212 ¶ 1.1.2 (2024). The Medical Evaluation Board (“MEB”) “prepares documents required to identify medical defects or conditions that do not meet retention standards and may...to perform their duties.” AFI 36-3212 ¶ 3.1. If the PEB finds a service member is unfit, it recommends appropriate disposition. AFI 36-3212 ¶ 3.17.... If a disability is found, the PEB applies the Department of Veteran's Affairs (“VA”) disability ratings or ratings under the Veterans Affairs Schedule for Rating Disabilities (“VASRD”). AFI 36-3212 ¶ 3.18...

.... See, e.g., Air Force Instruction ("AFI") 36-3212; AFI 41-210; AFI 48-123. These regulations establish the Air Force's Disability Evaluation System ("DES"), which is the process for determining...whether service members are physically unfit for service. See AFI 36-3212 ¶ 1.1. That process entails review by (1) a medical evaluation board, (2) two physical evaluation boards, one informal the...or that the member be referred to an informal physical evaluation board. AFI 36-3212, ¶ 2.2; AFI 41-210, ¶ 10.7.3. If the latter, the MEB forwards its medical evaluation report and a narrative summary...

...; 10 U.S.C. § 1552(a)(1), (2); AFI 36-3212 ¶ 3.17; RCFC 56.1, Review of Decision on the Basis of Administrative Record. MEMORANDUM OPINION AND FINAL ORDER...approving authority. See AFI 36-3212 § 2.2. Under the Air Force's Medical Examination and Standards Instruction, "[a]ny condition in the opinion of the provider of care [that] is felt to be...IPEB contesting the MEB's decision: AFI 36-3212 § 3.1 provides: "A [Physical Evaluation Board ("PEB")] is a fact...

...Air Force makes determinations pursuant to this statutory scheme under the Disability Evaluation System ("DES"). Air Force Instruction ("AFI") 36-3212 ¶ 1.1.2 (2024). As part of the DES, the Medical...standards and may disqualify the member for continued active duty." AFI 36-3212 ¶ 2.2. If the MEB determines the service member's medical conditions "may prevent [the service member] from reasonably...knee on multiple occasions in the fall of 1990, including September 25, October 1, and November 6. (ECF No. 16-2, at 36). On a form dated November 19, 1990, the Air Force noted...

...." AFI 36-3212, ¶ A2.1 (Feb. 2, 2006). The guidance further provides that a "PEBLO advises member that he or she has the legal right to a full and fair hearing" and "that appearance before a formal...finding based on "well established medical principles," that plaintiff's asthma was EPTS and not permanently aggravated by military service. See AFI 36-3212, ¶ 3.22.4.1 (requiring findings of...21. Dr. Webber's notes quote Air Force Instruction ("AFI") 48-123, A3.13.4 (2006), which...

...(referencing section 3.102); see also Air Force Instruction ("AFI") 36-3212, Physical Evaluation for Retention, Retirement, and Separation, ¶ 3.23 (Feb. 2, 2006) ("Resolve findings in.... The FPEB "may express matters of opinion, so long as they clearly identify them as such." AFI 36-3212, ¶ 3.30. Moreover, the FPEB may generally make statements about "[p]ersonal impressions...question by explaining its interpretation of AFI 36-3212 and its application to the January 2009 ROM measurements. Id. at 21. The SAFPC addressed the next three questions by explaining that...

...from [her] armed force, with severance pay." Id. § 1203(a). The Air Force implements this statutory scheme through its Disability Evaluation System. See Air Force Instruction (AFI) 36-3212 ¶ 1.1...benefit or pay. To be entitled to some benefit or pay, the Physical Evaluation Board ("PEB") must first decide whether the servicemember is unfit for duty. See Air Force Instruction (AFI) 36-3212 ¶ 3.1...seq., Department of Defense Instruction, and any applicable interpretations of the VASRD by the U.S. Court of Appeals for Veterans Claims. AFI 36-3212 ¶ 3.18. https://www.neurosurgery.columbia.edu...

...retired list [ (“the TDRL”) ] in the grade of Capt. per AFI 36–3212 with compensable percentage for physical disability at 060 percent.” On November 16, 2009, the Defense Financing and Accounting....2d 171, cert. denied,341 Md. 27, 668 A.2d 36 (1995) ] make clear that where parties enter into an agreement or contract to transfer..., 661 A.2d 171 (footnote omitted), cert. denied,341 Md. 27, 668 A.2d 36 (1995...

...station of assignment. Effective 28 Oct 29 you are placed on the temporary disability retired list [ (“the TDRL”) ] in the grade of Capt per AFI 36–3212 with compensable percentage for physical..., 661 A.2d 171, cert. denied, 341 Md. 27, 668 A.2d 36 (1995) ] make clear that where parties enter into an agreement or contract to..., 668 A.2d 36 (1995).-------- II. Damages Finally, appellant argues that the trial court erred by calculating his arrears based...

...wartime mission capable for 16 months. Id. at 42. Citing "Non-Deployable Airmen Retention Determination Policy Guidance (AFGM2019-36-01)" and AFI 36-3212, Lt. Col. Killeen referred Lt. Col. Meyer to...the Disability Evaluation System. Id. at 43. See also Air Force Instruction 36-3212, Physical Evaluation for Retention, Ret., and Separation, § 1.3 (2009), AR App'x at 386...by AFI to be removed from a flying billet and is not able to perform any additional duties to support the mission requirements of his AFSC." Id. Lt. Col. Meyer was non- deployable and not...

...decision in this case."); A747 (same); see also AFI 36-3212, §§ 5.1-.9 (setting out procedures for the SAFPC's "final review and disposition...honorably and in which they want to continue serving. Further, under Air Force regulations, the AFBCMR may only issue nonbinding recommendations, AFI 36-2603, §§ 2.1, 4.10, and it is...evaluation for the purpose of determining [his] status for continued military service." Air Force Instruction ("AFI") 44-178, § 2.4, at A298-99...

...Issue has not yet been filed. Defendants Biondi and AFI now move for an order, pursuant to CPLR 3211 and 3212, dismissing the complaint... SELWIN WILKS and MARY CLARK, Plaintiffs, v. SUSAN R. LEVKOFF, Standard Folding Company, ROBERT L. BLONDI and AFI FOOD SERVICES, Defendants...following papers, numbered 1 to 3, were read on this motion by defendants Robert L. Blondi and AFI Food Service Dist. for summary Judgment on this "specific employee" issue...

...firm, moves, pursuant to CPLR 3212, for summary judgment dismissing the first counterclaim of defendant Strike Holdings LLC (Strike), an operator of bowling alleys, and for sanctions...against Strike and its counsel (Mot. Seq. 003). Defendant GFI Realty Services, Inc. (GFI), another real estate firm, moves, pursuant to CPLR 3212, for summary judgment dismissing the...second amended complaint as against it (Mot. Seq. 004). Strike moves for summary judgment, pursuant to CPLR 3212, in its favor on the first, second, third and seventh causes of action...

...firm, moves, pursuant to CPLR 3212, for summary judgment dismissing the first counterclaim of defendant Strike Holdings LLC (Strike), an operator of bowling alleys, and for sanctions...against Strike and its counsel (Mot. Seq. 003). Defendant GFI Realty Services, Inc. (GFI), another real estate firm, moves, pursuant to CPLR 3212, for summary judgment dismissing the...second amended complaint as against it (Mot. Seq. 004). Strike moves for summary judgment, pursuant to CPLR 3212, in its favor on the first, second, third and seventh causes of action...

...biophysical profile. The results were within normal limits, except that the amniotic fluid index (AFI) was a low 5.4 centimeters. Hospital staff asked the mother to return to the clinic in two days. At the July...years after plaintiff served the notice of claim, defendant moved for summary judgment dismissing the complaint under CPLR 3212. Defendant argued that plaintiff could prove neither departure from the..., 2003, plaintiff's AFI was only 5.4 centimeters (below the third percentile), “constituting severe oligohydramnios,” suggesting placental...

...defendants' motion pursuant to CPLR §3212 dismissing the complaint of the plaintiff on the grounds that plaintiffs alleged injuries fail to meet the serious...injury threshold requirement of Insurance Law §5102(d). PAPERS NUMBERED N.M., Afi, Exhibits and Service...sufficient evidence to eliminate any material issues of fact, (see CPLR §3212[b]; Alvarez v Prospect...

...Force Instruction (“AFI”) 36-3208); Department of the Air Force Manual (“DAFMAN”), 48-123 (explaining procedures for implementing 10 U.S.C. § 1216...” condition is one that the servicemember's commander “has determined interferes with assignment or duty performance, but which does not make them eligible for disability processing.” AFI 36-3211...is placed into the Disability Evaluation System (“DES”). See AFI 363212, Physical Evaluation For Retention, Retirement, and Separation, § 1.1 (July 15, 2019), available at https...

...) Upon the foregoing documents, defendant moves pursuant to CPLR 3212 for summary judgment dismissing plaintiffs complaint in its entirety...no. 005). Plaintiffs also move for summary judgment as to liability pursuant to CPLR 3212 (motion sequence no. 006...a jacuzzi (NYSCEF Doc. No. 153, Avrahami Afi at ¶ 4). Plaintiffs also allege that prior to purchasing the apartment shares and signing the lease, there was no documentation that addressed the use of...