Physical Evaluation Board Forum

Sailors and Marines separated between Sept. 12, 2016, and June 11, 2018 eligible for new PEB
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Court orders new PEB for certain Sailors and Marines This is a very good option for affected DoN personnel.

The New DODI 1332.18 & Why It Is Important to You—John B Gately

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On 11/10/22, DODI 1332.18 was updated with mandatory guidance to be followed by all the armed services when processing PEB cases. Here are just a few reasons why this update is important for anyone undergoing the PEB process to review and understand: 1. In this update, there is a provision that allows service members to specifically demand that the FPEB cannot seat as board members anyone who participated in the adjudication process of your case at the IPEB. See Section 3.3.c.2.b of DODI1332.18. This means that you can exclude IPEB members from sitting on your FPEB, but you can also keep them if you think that their presence would help your case. 2. Prior to this update being issued, service members could only submit written appeals of adverse findings by the FPEB panel of their service. But, under Section 3.3d.1 of DODI1332.18, you can now request an additional hearing at which counsel can represent you. While no one knows yet how each service will implement this provision, this...

A Stunning Medical Failure at BAMC

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IMG_2391.jpegThis is stunning- the Army’s premiere hospital (headquartered at the home of Army Medicine at JB Sam Houston, in San Antonio) has an ongoing problem with having non-sterile surgical instruments cancelling or slowing surgeries. I am glad that they are aware of the problem. And it’s good to see that there have not been any catastrophic consequences (at least that we know about). But, I don’t understand how this can happen. Instrument trays with hair, blood, and bone being placed in an operating room? How does that happen? I don’t know anything about what the process is supposed to look like when things are working right but I have to think this is a task that should be achieved without difficulty.

New VA Life Insurance Program (VALife)

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Here's an article about the VALife program.

"New life insurance program for disabled vets sees high demand​

By Leo Shane III More than 31,000 disabled veterans received life insurance coverage through a new targeted federal program last year, a total that Veterans Affairs officials said underscores the interest in the offerings and the need for wider outreach on its availability. The VALife program — open to veterans aged 80 and under with no disqualifications for medical reasons — was launched in...
HAPPY NEW YEAR 2024!!
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Here's wishing everyone a Happy New Year!! I am looking forward to an exciting year, both personally, and for the PEB FORUM! I will be posting several updates soon about emerging issues with the Military DES! I have recently grappled with a few cases concerning the use of "negative evidence" (the MEBs/PEBs/BCMRs claiming that there is insufficient evidence on a point, when case law in the Federal Circuit limits the use of negative evidence), incomplete and inaccurate MEBs that the PEBs use to justify lowball ratings, the failure to revise profiles after the VA exams and ratings indicate a high degree of disability, and several other issues of interest to those in the DES/IDES! I hope all are enjoying a relaxing and peaceful holiday and I look forward to seeing you here in the New Year!!
Looking ahead to impact of a Federal Government Shutdown
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It's looking more certain that a shutdown will happen. I wanted to share what I know. I just read this from a Military Times article: "Navy leaders said that all physical evaluation board processes for sailors and Marines will be paused until the shutdown is resolved." I suspect that this will be the case DoD-wide. I have recently noticed a much higher number of civilians sitting on Army boards (two boards over the past month that I have gone to have had two out of three board members who were civilians, including the Presiding Officer). I spoke with a PEBLO yesterday who mentioned that he would be required to work without pay during the shutdown. I don't know if that is going to be the case for all PEBLOs, but it's a possibility. I also spoke with a Department of Justice...

Memorial Day 2023

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I hope everyone has taken a moment to reflect on the sacrifices of our Brothers and Sisters who have given the ultimate sacrifice in military service to our Great Nation. I also hope that you all have enjoyed the day. To me, the day is best served by taking time to honor the fallen and also to enjoy what their service has given us- the Freedom that we enjoy and the fruits of a country that allows us so much. Godspeed fallen warriors. Your service is never forgotten! I will be posting more in the near future about initiatives to help Wounded Warriors and to fix the problems they so often face. Memorial-Day-Wreath.jpg

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