Denied twice for adding MDD to unfitting conditions

InjuryWing

PEB Forum Regular Member
Registered Member
I’m basically looking for advice or information on how to overturn the fpeb decision either before or after I’m separated. I suppose to be signing my new 199 today for medically separation. Dec 12 I did my fpeb hearing to add my MDD as a unfitting condition, prior to it was denied in the informal board, they stated it was life stressors and not from being sexual assaulted while being in the service. I have 10 yrs of mental health records for this issue, the providers that I have seen have stated severe depression on numerous occasions in my records. I have never put on profile for it but I was on medication for 3 yrs before I decided to get off them and go natural by eating foods that help with depression and exercising outside the normal mandated prt with my units until I injured my shoulder which started my meb process. At my board hearing they didn’t say anything or ask about anything in my records they primarily focus was my ncoers and my personnel records and how much they love my mos.. I barely got any words out over their chatter. I honestly feel like I was cheated at my hearing.
 
The fact is it should have been added at the MEB stage, first in the narsum or in my case “behavioral health narsum addendum”. Your commanders letter should have mentioned how your MH issues affected your work. Then it should’ve been included as a condition not meeting retention standards to the PEB.

now that it is at thePEB, they cannot add it because they would have to send it back to the MEB to get added.


my guess is that it wasn’t included because the commanders statement, performance evals didn’t mention it, and that you had no MH profile. due to these reasons it wasnt considered to not meet retention standards and thus not added as an unfitting condition.

From where you are now, it will be almost impossible for you to get the process to go backwards to change it.

you need The help of a good lawyer.
 
That’s pretty much what happen it got added after, and they tried to add it. My cdr didn’t put in his statement, because at the time my shoulder kicked off my meb and once everything came back they was like we can add your behavioral health cause you should meb for that yes ago. I have been looking at how to eventually try to get added but it’s going to be after I’m out. I’m already at the end, they willing to my meb start over just to add it.
 
In the Air Force there is a paragraph in the AFI about new diagnosis after the MEB, I am not sure if this counts as a new diagnosis?
You should have been briefed about appealing to the Secretary of either your service or to Personnel upon the decision of the FPEB.

In short there are some "should haves/could haves" you have missed, but as Tony said, you now need a lawyer to help undo this mess.
 
I doubt you will win either way, you claimed you got better correct? not on MH profile? it didn't harm your performance and you performed at the minimum with the diagnosis for at least ten years also promoted to NCO as well? Adding last minute is typically reserved for new conditions not known before even trying to get it changed afterwards I believe they will come back as fitting.
 
What percentage did the VA assign your mental health?
 
I was never put on mh profile, they medicated me put never put me on profile for it... I was struggling all these yrs just doing counseling and that’s it.
It’s shows in my ncoers that my performance along with pt tests and weapons. I pretty much was just going with the motions normal battles drills of being a soldier.


I doubt you will win either way, you claimed you got better correct? not on MH profile? it didn't harm your performance and you performed at the minimum with the diagnosis for at least ten years also promoted to NCO as well? Adding last minute is typically reserved for new conditions not known before even trying to get it changed afterwards I believe they will come back as fitting.
 
Top