found fit for duty but contesting - help?

concernedwife

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
my husband started his MEB process in late october after being told by his neurologist for 17 months that he needed one. he suffers with severe, chronic migraines and botox has been somewhat of a saving grace to him. he gets it every 90 days, but it wears off halfway through and then he has relpax to take when that happens. either way, my husband received his findings this morning and he was found fit for duty. to say we are devastated is an understatement. he goes to work every day and does his job and achieves so much - but because he hasn't slacked off, this has effected the DOD's decision to keep him as fit. i'm guessing you have to start slacking off in order to be found unfit?

there is a part of the command's statement where they asked his chief HOW his migraines have negatively effected his job, and instead of stating how much work he has missed or that he almost lost his vision because of the numerous medications for this condition, etc - he put down that he is an outstanding sailor and can still do his job. when the DOD was asked why they found him fit for duty, they copied and pasted his chief's statement. my husband spoke to his chief, and his chief responded [in layment terms to not state curse words here]: "i misread and screwed you over, didn't i?"

so here is our situation:

number one? we are contesting this. no questions asked, we are fighting this.

but we want to know if anyone else has contested their decision to be found fit and had a positive outcome.

we were told this morning by the PEBLO that we have ten days to contest this. we have a lawyer lined up, but she isn't in the same state as we are - and the only form of communication we have with her is e-mail. does that sound weird to anyone else? something of this importance, and no way to contact them other than via email?

my husband never worked with the same PEBLO this entire process. when he went to sign his papers that were to be sent to DC, we noticed a few things on the paperwork, asking the PEBLO to see these get corrected, and he never got back to us.

is that normal?

what can we expect?

has anyone had a positive outcome in contesting this? i believe his chief and the command will be composing a new statement, letting the medical board know they misread what they were asking for.

.....trying to fight for my husband here, with very little luck it seems. this entire process has been taxing [as most may already know]
 

concernedwife

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
wanted to add: all of his paperwork states he is unfit by doctors and his nuerologist. the only thing stating he is a good sailor [which he is] was his chief
 
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