Appealing a PEB for Verbiage

Appeal or not to appeal?

  • Appeal all

    Votes: 2 66.7%

  • Not Appeal all

    Votes: 1 33.3%

  • appeal 1

    Votes: 0 0.0%

  • Not Appeal 1

    Votes: 0 0.0%

  • Appeal 2

    Votes: 0 0.0%

  • Not Appeal 2

    Votes: 0 0.0%

  • Appeal 3

    Votes: 0 0.0%

  • Not Appeal 3

    Votes: 0 0.0%
  • Total voters
    3
B

brett.barnes

PEB Forum Regular Member
Registered Member
Hello everyone,

I have my 199 back but I have not signed it. I am debating whether or not to do an informal written appeal.

First I was referred to as a Women and I am a male.

Second I have a genetic heart disease that will occur through physical and emotional stress but it states that I had the disease my entire life. I have a military genetics Doctor write me a letter to help explain that the gene doesnt mean I had it but that I was at a much higher probability of developing it. I had symptoms a few years ago but it was denoted to energy drinks and nothing more.

Third, I happened to have a normal EKG and an Echo done before I was deployed for a flight physical and when I returned and had 4 major cardiac events back to back that should have killed me I figured it wasnt energy drinks. Diagnosed in January of this year with ARVD/C. I figured the stress from the Deployment pushed me over the edge to exacerbate all the symptoms to include a close heart failure. However, it was not deemed to have any relation to the deployment.

I have also been to and qualified for airborne, air assault and MMF school. All of which are stressful and could impact the gene being expressed.
 
How did they mess up your sex? So much for QA. If you have a doctor backing you, why not appea? You have nothing to lose at this point unless there are some circumstances in your life that dictate otherwise.

If you had the disease, it would have been stated on your entrance physical and probably would have disqualified you. My understanding is that if it wasn't documented when you came in, then it is service related.
 
It sounds like you didn't have a medical waiver. Also see the below 8 year rule. Source: DoDI 1332.18, August 5, 2014

So are they recommending no separation pay as stated below? I would appeal since there appears to be a nexus between your deployment and your heart condition.

You should have had an echo and possible a EKG at your VA C&P Exam to denote the change in your heart's condition.

f. Medical Waivers (1) Service members who entered the Military Service with a medical waiver for a preexisting condition and are subsequently determined unfit for the condition will not be entitled to disability separation or retired pay unless:
(a) Military service permanently aggravated the condition or hastened the condition’s rate of natural progression; or (b) The member will have 8 years of active service at the time of separation. (2) Service members granted medical waivers will be advised of the waiver application process when applying for a waiver and when it is granted.
 
Thank you for your comments. Yes the 8 year rule applied also I made sure that they stated that it was permanently aggravated by military service. Also, I am getting a proposed from both va and peb 100%.

Wording it in a way to say that I always had the condition but it progressed faster from the military is inaccurate. That is not just coming from me but from the geneticist as well. Also, noting that it had nothing to do with being deployed or combat related training at all was also a bit of a problem for me. I have 12 years in and after my research both on my condition and the military the genetics thing was suppose to have changed to indicate that having a mutated gene does not indicate disease but only a higher probability. My sister is an example of that because she has the same 2 genes that I do.

I just dont want the military to try and sell me short of what I should be getting.
 
I have just heard too many horror stories of soldiers giving up and not going the extra mile for what is right for you.
 
Yea I feel the PEB is the one last example of "my recruiter cheated/lied to me" story. At this point we hopefully learned a thing or two and draw the line. After taking it on the chin for the "team" over and over.
 
I have spoken to a geneticist for the army who is a LTC and gave me a letter and docs to backup that they worded it wrong. Can the chronology of the progression of the disease be enough to denote deployment related?
 
Seems to me you are just asking about verbiage, but are pleased with the findings? (100% for both mil/VA is, generally, a great finding).

Aside from "administrative errors" (which, do seem pretty egregious), as far as results, what are your concerns?

brett.barnes said:
However, it was not deemed to have any relation to the deployment.
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brett.barnes said:
I have also been to and qualified for airborne, air assault and MMF school. All of which are stressful and could impact the gene being expressed.
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brett.barnes said:
Can the chronology of the progression of the disease be enough to denote deployment related?
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Given the above, it seems you may/are concerned about your conditions/disabilities being "deployment related." If that is your concern, I am not sure why. For "separation" cases (where you are not found to have a retirement finding), where your condition was incurred is important. However, for retirement cases, it is not important. Instead, in retirement cases, the potential issue is whether your condition is combat related. Not sure I see, from what you have wrote, a clear nexus to make your conditions combat-related. Especially because of the genetic component. This does not mean it is impossible. Just, it is unlikely (again, from what you wrote) that without a lot more, that there will be a nexus close enough to support a combat related finding. So, if this is your main concern, I won't tell you not to appeal. But, I am also not sure you have a case. (Though, I am not normally a fan of placing too much emphasis on this concern, any appeal can result in a lowering of the ratings....in my view, you look at the overall case situation, weigh the likely outcomes and decide whether any benefit is outweighed by any risk).

Overall, I don't know enough about your case to offer more. Based on what you have written, though, I am not sure I see much to appeal or have a problem with.

Hope this helped. If you have more information or other questions, please feel free to post more.

Best of luck in your retirement!!
 
Jason Perry said:
Seems to me you are just asking about verbiage, but are pleased with the findings? (100% for both mil/VA is, generally, a great finding).

Aside from "administrative errors" (which, do seem pretty egregious), as far as results, what are your concerns?






Given the above, it seems you may/are concerned about your conditions/disabilities being "deployment related." If that is your concern, I am not sure why. For "separation" cases (where you are not found to have a retirement finding), where your condition was incurred is important. However, for retirement cases, it is not important. Instead, in retirement cases, the potential issue is whether your condition is combat related. Not sure I see, from what you have wrote, a clear nexus to make your conditions combat-related. Especially because of the genetic component. This does not mean it is impossible. Just, it is unlikely (again, from what you wrote) that without a lot more, that there will be a nexus close enough to support a combat related finding. So, if this is your main concern, I won't tell you not to appeal. But, I am also not sure you have a case. (Though, I am not normally a fan of placing too much emphasis on this concern, any appeal can result in a lowering of the ratings....in my view, you look at the overall case situation, weigh the likely outcomes and decide whether any benefit is outweighed by any risk).

Overall, I don't know enough about your case to offer more. Based on what you have written, though, I am not sure I see much to appeal or have a problem with.

Hope this helped. If you have more information or other questions, please feel free to post more.

Best of luck in your retirement!!
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Jason Perry said:
Seems to me you are just asking about verbiage, but are pleased with the findings? (100% for both mil/VA is, generally, a great finding).

Aside from "administrative errors" (which, do seem pretty egregious), as far as results, what are your concerns?






Given the above, it seems you may/are concerned about your conditions/disabilities being "deployment related." If that is your concern, I am not sure why. For "separation" cases (where you are not found to have a retirement finding), where your condition was incurred is important. However, for retirement cases, it is not important. Instead, in retirement cases, the potential issue is whether your condition is combat related. Not sure I see, from what you have wrote, a clear nexus to make your conditions combat-related. Especially because of the genetic component. This does not mean it is impossible. Just, it is unlikely (again, from what you wrote) that without a lot more, that there will be a nexus close enough to support a combat related finding. So, if this is your main concern, I won't tell you not to appeal. But, I am also not sure you have a case. (Though, I am not normally a fan of placing too much emphasis on this concern, any appeal can result in a lowering of the ratings....in my view, you look at the overall case situation, weigh the likely outcomes and decide whether any benefit is outweighed by any risk).

Overall, I don't know enough about your case to offer more. Based on what you have written, though, I am not sure I see much to appeal or have a problem with.

Hope this helped. If you have more information or other questions, please feel free to post more.

Best of luck in your retirement!!
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Thanks for the input... I have been seriously on the fence about this and that did help significantly. I will however try to fight the whole girl thing regardless.
 
I am very pleased with the findings. I am very Analytical and if something isnt right it just gets under my skin real bad. Or expected attention to detail from a board of seniors and medical professionals that write what they did just eats at me... So its just a preference I guess. I dont want to lose my ratings thats for sure.
 
Okay, I think I understand your point....here are a few thoughts.

I have dealt with folks and clients a great many times with similar concerns. What I tend to say is that folks should focus on the outcome and not how it was arrived at. That is, if the military does not state everything correctly, but you have a good result that you are pleased with, you should likely take the good result. Especially when challenging something cannot result in a better outcome and (even if the likelihood is small) you may end up with a worse result.

In these types of situations, I think it makes sense to declare victory and take the win that you are happy with.

Hope this helped!
 
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