Jason Perry
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The first thing to understand is the importance of a complete and accurate Medical Evaluation Board Report. This is the first and primary source of evidence that the Informal (and later the Formal) PEB will use to decide your case. If it is inaccurate or incomplete, the PEB will not rate you correctly.
The request for an Independent Medical Advisor (IMA) will help ensure your MEB is an accurate depiction of your disabilities. Note that the IMA is not provided unless you request it. Submit requests in writing to make clear and document your request. The following are the three main ways that the IMA will help your case.
1) It will allow you to consult with and have the advice of an impartial health care provider in reviewing your case and addressing errors or omissions.
After you have been counseled, you have the right to submit additional matters in your rebuttal. The MEB approving authority must, in accordance with the law, respond to your concerns in writing. If you do not request the IMA, you may still submit a rebuttal. But, if you choose to simply submit a rebuttal the approving authority is not required to answer your concerns. Your rebuttal should still be forwarded to the PEB with your MEB, but if there was a written response, it would help to explain the difference of opinion and would help document legal errors in the decision-making process (see 3, below).
The advice you receive may or may not provide you with additional information or an opinion regarding your disabilities. However, do not discount the effectiveness of having a written response to your concerns.
2) The request for an IMA may result in a voluntary change to the MEB without the provision of the IMA.
My experience to date has shown that most MEBs and Military Treatment Facilities housing MEBs do not know about the requirement to provide an IMA on request. In addition, after requesting the IMA, you may find that the MEB does not want to appoint one. However, this may work to your advantage in giving you leverage in getting your MEB changed. Think of it as a bargaining chip. I have seen several cases where the MEB, in response to a request to an IMA, instead agrees to change the MEB to reflect the member's concerns. While not in strict compliance with the law, if this results in the appropriate changes to your MEB, this may be an acceptable outcome.
3) If either your request for an IMA is not granted or if the response to your rebuttal is inadequate, this may form the basis for a successful appeal.
Basically, if they do not follow the law in either granting you an IMA, or if the response to your rebuttal is deficient, you will have created an issue that may form the basis for a successful appeal to a poor outcome at the PEB.
Do not underestimate the importance and utility of asking for an IMA. In the best case, you wil gather additional evidence or provoke a favorable change to your MEB. If they do not follow the law, this will help you on appeal.
The MEB and PEB process leaves many things to be desired. Even so, the IMA request will help you get a better outcome, either in the near term or eventually on appeal. Do not sell yourself short by accepting an inaccurate or incomplete MEB. Consider using the request for the IMA to get the correct outcome of your MEB and to provide the PEB with the clearest picture of your disabilities.
The request for an Independent Medical Advisor (IMA) will help ensure your MEB is an accurate depiction of your disabilities. Note that the IMA is not provided unless you request it. Submit requests in writing to make clear and document your request. The following are the three main ways that the IMA will help your case.
1) It will allow you to consult with and have the advice of an impartial health care provider in reviewing your case and addressing errors or omissions.
After you have been counseled, you have the right to submit additional matters in your rebuttal. The MEB approving authority must, in accordance with the law, respond to your concerns in writing. If you do not request the IMA, you may still submit a rebuttal. But, if you choose to simply submit a rebuttal the approving authority is not required to answer your concerns. Your rebuttal should still be forwarded to the PEB with your MEB, but if there was a written response, it would help to explain the difference of opinion and would help document legal errors in the decision-making process (see 3, below).
The advice you receive may or may not provide you with additional information or an opinion regarding your disabilities. However, do not discount the effectiveness of having a written response to your concerns.
2) The request for an IMA may result in a voluntary change to the MEB without the provision of the IMA.
My experience to date has shown that most MEBs and Military Treatment Facilities housing MEBs do not know about the requirement to provide an IMA on request. In addition, after requesting the IMA, you may find that the MEB does not want to appoint one. However, this may work to your advantage in giving you leverage in getting your MEB changed. Think of it as a bargaining chip. I have seen several cases where the MEB, in response to a request to an IMA, instead agrees to change the MEB to reflect the member's concerns. While not in strict compliance with the law, if this results in the appropriate changes to your MEB, this may be an acceptable outcome.
3) If either your request for an IMA is not granted or if the response to your rebuttal is inadequate, this may form the basis for a successful appeal.
Basically, if they do not follow the law in either granting you an IMA, or if the response to your rebuttal is deficient, you will have created an issue that may form the basis for a successful appeal to a poor outcome at the PEB.
Do not underestimate the importance and utility of asking for an IMA. In the best case, you wil gather additional evidence or provoke a favorable change to your MEB. If they do not follow the law, this will help you on appeal.
The MEB and PEB process leaves many things to be desired. Even so, the IMA request will help you get a better outcome, either in the near term or eventually on appeal. Do not sell yourself short by accepting an inaccurate or incomplete MEB. Consider using the request for the IMA to get the correct outcome of your MEB and to provide the PEB with the clearest picture of your disabilities.