Formal board without new information?

[mac11boy]

I have been waiting for my formal board date for 4 weeks now. I have submitted a rebuttal letter to the ipeb. I am wondering if they are reviewing my decision of if the fpeb is that busy? Also, I am going to the formal with no new information. My defense is completely based on the fact that they did not give me the correct rating for the condition I have. Is it difficult to point out an obvious mistake and get a better rating or am I just wasting my time? I want to fight for what I deserve, but I don't want to get there and look foolish if I don't have any other information to present.

[Jason]

mac11boy,

No, it is not foolish.

Here is the deal, there are two types of arguments. The first is that the facts they are finding are wrong. This requires evidence to show the point you are trying to prove. The second is that they are applying the law (or regulations) incorrectly to the facts. This is legal argument. I can tell you that if they find the facts wrong, but reasonably, it is difficult to impossible to get this changed on appeal. That is because the courts give a lot of deference to the "decision-makers" findings.

However, with legal errors, the courts give much less deference to what the PEB rules regarding the law. So, you may very well ultimately win on your issue. But be prepared that it may take some fighting to do so. They very often make errors in the law. It takes a committment to fighting for what is right to prevail in many cases.

This is not to discourage you. You can sometimes convince them that your view is right. But if not, I would say, don't give up. Way too often Servicemembers get worn down by hearing "no." By fighting out issues, you keep them honest. You have to judge for yourself if the time and effort is worth it. But I would never say it is foolish. It is the right thing to do to fight for what you deserve.

Best of luck and please feel free to ask any other questions.