Adjustment Disorder news

PEBLO11 said:
I will try to get a definitive answer on the DA199 question. If the ratings are already in at the PEB, or at least show having been sent there, I can't imagine it would take that long. I
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please do!!! started to get a little worried( 3months).. I think you the only peblo that is getting your soldiers up and out of the way...awesome job!!!
 
Keep in mind I am at the mercy of the PEB answering my question. They may have other priorities, but I will definitely ask.
 
Can one request a formal board to argue the CAD contributes to their unfitness?

Mike
 
maparker said:
Can one request a formal board to argue the CAD contributes to their unfitness?

Mike
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I don't know why not. If someone has the diagnosis on their DA3947, it is the same as any other condition. You have a right to request an informal reconsideration when you get the DA199, and then a formal hearing. I will say that you are unlikely to win an appeal because the criteria is spelled out very clearly. As I said before, I don't necessarily agree with it, I just counsel on the standard. A soldier is free to request an IMR/appeal whether I think it will go anywhere or not. I think at some point, someone is going to have to be the one to force another look at the criteria and stack it up against other behavioral diagnosis and ask the question, "Why is the criteria so high for this and not PTSD or other Behavioral health conditions?"
I think, and this is just my opinion, that we have not yet seen the final iteration of the adjustment disorder solution.
 
PEBLO11 said:
I don't know why not. If someone has the diagnosis on their DA3947, it is the same as any other condition. You have a right to request an informal reconsideration when you get the DA199, and then a formal hearing. I will say that you are unlikely to win an appeal because the criteria is spelled out very clearly. As I said before, I don't necessarily agree with it, I just counsel on the standard. A soldier is free to request an IMR/appeal whether I think it will go anywhere or not. I think at some point, someone is going to have to be the one to force another look at the criteria and stack it up against other behavioral diagnosis and ask the question, "Why is the criteria so high for this and not PTSD or other Behavioral health conditions?"
I think, and this is just my opinion, that we have not yet seen the final iteration of the adjustment disorder solution.
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More specifically, I was wondering about the member who:

Had already received PEB findings with adjustment disorder
The adjustment disorder was deemed a non compensable condition by the PEB
The member's case was put on hold due to the CAD issue
The MEB determines the individual's CAD meets retention standards and the case will not be forwarded to the PEB

Can this individual request a formal to argue the CAD contributes to their unfitness? If not, we have an issue. 10 USC 1216a(b) requires the PEB to consider all conditions, both individually and collectively that contributes to unfitness. While I haven't seen the OTSG policy yet, it appears it violates the law on a couple of fronts on the way it is described. First, the 10 USC 1216a(b) issue discussed above and second, the right to a full and fair hearing (10 USC 1214). If CAD never get to the PEB because the MEB deems it meets retention standards, how does the PEB assess its fitness impact and how does the member get to address the issues at a formal board?

It appears the policy centers on a erroneous filter that a condition that meets retention standards can not be independently unfitting not contribute to unfitness.


Mike
 
Can I please have a link or a copy of something so I can see this "OTSG Memo" the IG office here on post would like to see them so I can try and get my case moving. I'd apperaicate a quick response on this. Really getting fed up with my PEBLO and his supervisor. Thanks ahead of time.
 
So now I've been told that I'm still on hold cuz some pyshicatrist has to look at all the cases and they are looking at them in the order they were put on hold. Is ther any truth to that?
 
Sgt. C said:
So now I've been told that I'm still on hold cuz some pyshicatrist has to look at all the cases and they are looking at them in the order they were put on hold. Is ther any truth to that?
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I spoke to my PEBLO this morning. She said that she has already seen some of these addendums come past her desk. She also said it could take a couple days, or a couple weeks. I asked her if the PEB was doing first in first out, alphabetical, or how she thought they're doing it; she said "they're just doing them".

I'm sorry I don't have a link or copy of the publication you're looking for.
 
Caddilac24 said:
please do!!! started to get a little worried( 3months).. I think you the only peblo that is getting your soldiers up and out of the way...awesome job!!!
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Just an FYI, I haven't received an answer yet, but I'm pretty persistent.
 
I was called in on Monday to review the Addendum. I concurred and now I'm just waiting for my PEBLO to let me know when my packet has been sent to Ft. Sam. Progress! :)
 
I assuming every base is receiving the memo at different times... My peblo said the adjustment disorder case couldn't move forward until the memo in sent out from mtf... He don't know how long it will take...
 
Man I need some guidance ASAP cause my unit is going crazy right now trying to get me to do deployment training are your freaking kidding me smh I need out ASAP!!
 
last i heard...my 199 was in the typing phase...then all this happend and is on hold...i got an email from my peblo about the addemdum so now im wating on that...
 
swift56487 said:
last i heard...my 199 was in the typing phase...then all this happend and is on hold...i got an email from my peblo about the addemdum so now im wating on that...
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Where r u stationed at????.. My 199 was typed,but didn't have the presiding officer signature on it... My's got put on hold... Hurtful feeling..
 
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