FPEB process question

J

jhanley

PEB Forum Regular Member
Registered Member
So, I did have a question regarding the FPEB process - specifically if a decision can be made to my case before the board convenes.

Rough Timeline and Background:
I'm one of those PFIT cases - I entered my presumptive period February 2023.
July 2023 - a really bad event happened, and I went "off the rails" - enough so that the provider I saw at the crisis counseling dropped my permanent profile that day.
Feb 2024 the MEB came back "does not meet Army retention standards"
Mar 2024 the IPEB came back as fit (PFIT) as predicted by the MEB lawyer
Apr 2024 at the advice of my lawyer I submitted for the FPEB w/written appeal
May 2024 received notice of formal board and assigned a lawyer from the Colorado area

The new PEB lawyer has been awesome - very engaged and communicative (almost daily) regarding my case.
He called today and stated that he'd been working to overcome my PFIT, and that it came back today that someone at the PEB replied that we did in fact overcome the PFIT
I very much trust what he's saying, however I don't understand (if that makes sense)
Also - he had been trying to add other injuries that I didn't have a profile for that were a part of my record as well.

I think what it means is that the PEB has decided that the conditions around my PTSD had overcome that presumptive clause - and that now my 199 will change from "fit" to "unfit"?
Can the FPEB add other conditions at this level?
I guess lastly, will I be notified of these pre-board results formally, or will I be in IDES limbo again waiting for the VA to return ratings before I know for certain that the PEB has reversed their decision?
 
jhanley said:
So, I did have a question regarding the FPEB process - specifically if a decision can be made to my case before the board convenes.

Rough Timeline and Background:
I'm one of those PFIT cases - I entered my presumptive period February 2023.
July 2023 - a really bad event happened, and I went "off the rails" - enough so that the provider I saw at the crisis counseling dropped my permanent profile that day.
Feb 2024 the MEB came back "does not meet Army retention standards"
Mar 2024 the IPEB came back as fit (PFIT) as predicted by the MEB lawyer
Apr 2024 at the advice of my lawyer I submitted for the FPEB w/written appeal
May 2024 received notice of formal board and assigned a lawyer from the Colorado area

The new PEB lawyer has been awesome - very engaged and communicative (almost daily) regarding my case.
He called today and stated that he'd been working to overcome my PFIT, and that it came back today that someone at the PEB replied that we did in fact overcome the PFIT
I very much trust what he's saying, however I don't understand (if that makes sense)
Also - he had been trying to add other injuries that I didn't have a profile for that were a part of my record as well.

I think what it means is that the PEB has decided that the conditions around my PTSD had overcome that presumptive clause - and that now my 199 will change from "fit" to "unfit"?
Can the FPEB add other conditions at this level?
I guess lastly, will I be notified of these pre-board results formally, or will I be in IDES limbo again waiting for the VA to return ratings before I know for certain that the PEB has reversed their decision?
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You can try to add conditions at the FPEB level. That is one of 2 places where it can be done. The other place is the NARSUM level but you don't get a say in that part. Sometimes the docs that do the NARSUM will issue a new P3 profile for a condition and add it there. So if you are going to try to add conditions at the FPEB you need to show the Formal PEB board that those conditions are unfit too. Some of the things that help are: the condition is mentioned in the Commander's Impact statement as causing you to not be able to do certain duties, having a profile for the condition stating limitations, a letter from an outside physician stating limitations that would be required for your MOS. There are a lot of conditions that may prevent a Soldier from getting in due to medical standards but once in the question of fit vs unfit is more practical. Its all about how your health conditions affect your ability to do your job. Remember the FPEB = Formal Physical Evaluation Board.
 
@Provis Thank you for the information - this morning i was notified that the board will not be convening tomorrow because the PEB has reversed its decision and finds that my situation has overcome the presumption of fitness. The FPEB Lawyer that I was assigned really advocated for me based on my situation.
 
Awesome news! Happy for you.

Question - at what point were you given FPEB counsel? Im in a similar situation, but actually just trying to get one of my conditions elevated to the level that it should have been.

I am hoping to submit a written statement clarifying the evidence and have them agree prior to a formal board.
 
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Patriot13 said:
Awesome news! Happy for you.

Question - at what point were you given FPEB counsel? Im in a similar situation, but actually just trying to get one of my conditions elevated to the level that it should have been.

I am hoping to submit a written statement clarifying the evidence and have them agree prior to a formal board.
Click to expand...
After I had made my election on my 199 and submitted my written statement and requested a formal in person PEB. About 7 - 9 days later the board returned a Memorandum setting my FPEB date and notifying me of who my counsel was. My PEBLO was swamped, and I actually received the call from my counsel before I received the MFR. It was a little out of order, but I had approximately 21 days to work with the PEB Counsel. Once I sent him in the permission forms his office scrubbed my medical records for all sorts of stuff. I got calls asking about other issues involved. Additionally, there seems to be some behind the scenes process as well - my Formal PEB never went through, he was able to petition someone before the date of the board and my fit for duty status due to presumption of fitness had been overcome.
 
jhanley said:
“

After I had made my election on my 199 and submitted my written statement and requested a formal in person PEB. About 7 - 9 days later the board returned a Memorandum setting my FPEB date and notifying me of who my counsel was. My PEBLO was swamped, and I actually received the call from my counsel before I received the MFR. It was a little out of order, but I had approximately 21 days to work with the PEB Counsel. Once I sent him in the permission forms his office scrubbed my medical records for all sorts of stuff. I got calls asking about other issues involved. Additionally, there seems to be some behind the scenes process as well - my Formal PEB never went through, he was able to petition someone before the date of the board and my fit for duty status due to presumption of fitness had been overcome.
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Yep! If clear cut case sometimes they cancel FPEB and amend it to your favor. Saves them some time:)
 
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Got it. I haven't had the ability to submit a statement or reference to specific evidence at this juncture, but it sounds like once I get my legal counsel, we can just gather the required documentation that would materially change the board's mind and have them go petition similar to yours.

Mine should be a simple change (in theory), so that's great insight. Thanks!
 
Patriot13 said:
Got it. I haven't had the ability to submit a statement or reference to specific evidence at this juncture, but it sounds like once I get my legal counsel, we can just gather the required documentation that would materially change the board's mind and have them go petition similar to yours.

Mine should be a simple change (in theory), so that's great insight. Thanks!
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Any news?
 
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