CAN A MEB THAT HAS ALREADY PASSED BY CHALLENGED FOR ERRORS ?

[38A]

Chronology of events prior to MEB:
* I suffered an injury AUG 2021
* Transferred to a WTB at JBLM OCT 2021
* Sent home DEC 2021 for Remote care
* MEB held FEB 2022, less than 6 mos after injury and in midst of Rehab.

Things I am questioning:
1. Less than halfway through the recommended 12 month Recovery period
2. Injury stated as NOT on LOD
3. Still on Plavix ( removed per Physician directive NOV 2022
4. MEB conducted without me being present or represented. Found UFD

Can these irregularities be challenged and a new MEB requested ?

During subsequent PEB, all these irregularities were brought forth by legal counsel. Ignored by Board.

ADDL. QUESTIONS:
1. Can the original findings of the MEB be disputed / challenged

2. Can the PEB findings be challenged as their assumptions are based on MEBs findings ?

Sorry about the drawn out questions.

 

[RetiredAtty]

The focus of any application to a military correction board or a complaint in the US Court of Federal Claims would need to be on the findings and recommendations of the PEB or, if applicable in your case, the basis for and process by which it was determined that your condition was neither incurred nor aggravated in the line of duty thereby causing the case to be referred to a non-duty related PEB. Although the MEB proceedings would be relevant in that regard, a PEB is supposed to conduct a de novo review of a case, which essentially means that to the extent that the MEB committed error and the error was raised before the PEB in some regard, the PEB's determination renders harmless the MEB error even if the PEB decision does not appear to give a great deal of consideration to the errors alleged. Again, for an NDR PEB, the focus is likely to be more on the NLOD decision by the service causing referral to a NDR PEB, which only determines fitness and does not rate the disability. Nonetheless, the PEB determination remains subject to review by the correction board, which requires that you show by a preponderance of the evidence that the PEB committed error or an injustice, or by the court which requires that you demonstrate that the PEB decision was arbitrary, capricious, contrary to law or regulation, or unsupported by substantial evidence. In either case, the burden to obtain relief is very high. BTW, a service member does not have any right to appear before an MEB, which is a paper proceeding, although the member may submit evidence or memoranda it wishes the MEB to consider, and the member may seek an independent review of an MEB by another service provider.

 

[38A]

To quote your very last sentence in this detailed info ( which by the way I appreciate your taking the time to explain),
I did submit an independent assessment of my condition, by the CIV physician in charge of my care. There is no Army medical facility within 1000 miles of HOR. This asigned to Remote care under CIV resources.
Head of Cardiovascular Medicine at Stanford Hospital. Who wrote an MFR clearing me and declared me FFD.
The Board did not take that into account.