Physical Evaluation Board Forum

Jason,
How would you write such a challenge. It seems like they would just say that at the time, your board was just and proper and the new law applies to just those now being boarded. I received a severance pay up to the 12 years, but I had 15 years of service. So does that mean I could receive 3 more years of calculated severance? And if you were to request a new PEB, what evidence paperwork or documents would you need to send in order to do this?

Rangerchuck,

Well, that is likely their default position, that the formal PEB was proper. However, it is fairly common for there to be legal error in the PEB. It would take reviewing the Boards proceeding and allied paperwork to identify the errors, if any. Previously, there was little benefit to challenging something that would result in the same finding. But with this change, and the increased compensation, now there is a benefit.

As far as evidence, I would say anything showing a more serious condition near the time of the formal would be helpful. However, I don't think it is evidence that wins this in most cases. In this instance, it is legal argument that will most often result in getting a new board.

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Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

"How would you do this? Well, it would take challenging your PEB at the Board for Correction of Military Records. We are past the three year limit (though that is routinely waived) for those who were separated between 2001 and this month in 2005. And we have yet to see how this may interact with the new Physical Disability Review Boards (which may also offer relief in getting a new calculation, we will have to wait and see). But for many members, this may be a route to consider. I would remind you to also take into account the interaction with the VA offset that many of these members face. But for some members who are still fighting for a VA rating, have combat injuries, or some other unique circumstances, this may be an avenue for a substantial award. You should consult an attorney if you want to pursue this"


Wait a minute. I was medically seperated in 2003. Type 1 diabetes. I was given 25 from the USAF. I had 5.5 years in, on my second term. The VA initialy awarded me with 25, and I fought it and then was awarded 40 combined total from tinitus was 50%. So can I request a change, and a possible medical retirement under the new law?

I guess what I am asking is, is it retro active?

Yes, you can appeal and get retroactive retirement if you prevail. It sounds like the 1554a Board may be a good route for you to consider.

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Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

I can't explain to you how you just changed my day. Who do I contact. Randolph AFB. I guess I mean Where do I start?

They were supposed to publish the regulations on the 1554a Board by the end of April and they have not yet. Once they do, I will post them here. I suspect that this board may be faster (and hopefully better) than BCMRs, so it may be worth waiting the few months until they do publish them rather than applying to the BCMR (which you are eligible to apply to as well).

One point that I want to make, you should have no problem with appealing to either one of these boards as far as the statute of limitations (SOL) goes. However, remember, there is a 6 year SOL at the US Court of Federal Claims. Since you were discharged in 2003, you may be running up against that clock before long. Keep that in mind, because you may want to file suit at some point if your admin appeal is taking a long time.

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Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Jason can you explain the SOL. When does it start? Example: If I feel that the results were wrong ( a few years down the road) does the 6 year SOL start then or when the PEB makes a determination and advises me? I thought it was when you disputed the results when you found out that it was wrong.

I believe I would be out of luck if the SOL began when I signed the MEB docs. I assume he meant that it starts on my date of seperation. If so do I have till March 17, 2009 to start it?

RikersIsland1,

The SOL generally starts from the date of discharge. This is because the "injury" is usually denial of military pay (retirement pay counts) and that accrues when you are separated.

"Statute of Limitations" is a little bit of a misnomer in this case. In many states, there are laws that, for example, will explicitly say, "The statute of limitations are 3 years for contracts." However, the use is legal jargon that most lawyers use as a sort of shorthand. In this case, the "SOL" is actually a jurisdictional requirement. The Federal Court of Claims has no power to hear cases that are older than 6 years old (however, there may be some exceptions; I would think of it as "if you sue before then, you will be okay on the SOL issue, but if you wait, you may be "out of luck.").

Twobrokenairmen, you are correct.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

So I am going to need a lawyer? Or can I file the paperwork myself, or is it just way to much to figure out in a short time?