Hello! I just concluded my formal board and was wondering what other peoples timeline were on hearing back from the board? I essentially petitioned to have the board request a VARR so hopefully that doesn't take too long!
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FPEB timeline
- Thread starter shankatorus
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Formal Rationale
PETITION TO THE FORMAL BOARD
On 20 April 2023 the member appeared via video teleconference requesting to be found unfit to continue naval service based on MENIERE' S SYNDROME (IDIOPATHIC ENDOL YMPATHIC HYDROPS) UNDER VA DIAGNOSTIC CODE (DC) 6205 that the member considered stable for rating purposes and not combat related nor incurred in a combat zone, warranting placement on the Permanent Disability Retired List (PDRL).
FINDINGS
After careful review of all the available evidence and based on a unanimous opinion, the Formal Physical Evaluation Board finds the member is unfit to continue naval service due to DIZZINESS AND GIDDINESS that is not combat related and was not incurred in a combat zone.
The preponderance of evidence supports that the medical disease or condition or underlying diagnosis interferes significantly with the member's ability to carry out the duties of his office, grade, rank, MOS, or rating.
The formal pet1t10n included new medical evidence Al-AS and evidence already contained in the official record C1. Mr. Yeshaya Poyurs (DES Counsel Program) represented the member.
Mr. Joseph Moschetto, President of the Naval Clemency and Parole Board, attended the formal hearing as an observer but did not participate in the deliberations.
ANALYSIS
The Service member is a Navy Aviation Electrician's Mate, Second Class Petty Officer (AE2). The primary duties of an AE2 are to perform maintenance on electrical and instrument systems, including power generation, conversion, and distribution systems; aircraft batteries; interior and exterior lighting; electrical control of aircraft systems, including hydraulic, landing gear, flight control, utility , and power plant engine, flight and non-instrument-type indicating and warning systems; automatic flight control and stabilization systems; aircraft compass· systems; attitude reference systems; and inertial navigation systems. See Navy Enlisted Classifications Manual (NAVPERS 18068F).
DIZZINESS AND GIDDINESS
Is an unfitting condition. The Department of Veterans Affairs (VA) rated the member's unfitting condition DIZZINESS AND GIDDINESS under DC Code 6204 Peripheral Vestibular Disorders. AE2 Shank submitted a work note from Wilmington Ear Nose & Throat dated 5 April 2023 that stated the member had "probable Meniere's Disease" (A002), along with an associated clinical note (A003-A005). The member petitioned for the following: "Please find unfitting Meniere's Syndrome· (idiopathic endolymphatic hydrops) under VA Diagnostic Code 6205" and provided testimony regarding his condition and treatment course.
Per DODI 1332.18, at the Formal PEB, the Service member will be entitled to address issues pertaining to their fitness, the percentage of disability, degree or stability of disability , administrative determinations, a determination that their injury or disease was non-duty related, or that their injury or disease was combat related or took place in a combat zone.
The Applicant's request regarding specific diagnostic codes and/or ratings are an issue for the VA. Diagnostic codes and ratings for unfitting conditions are within the PEB' s purview within the Legacy Disability
Evaluation System process and Temporary Disability Retired List reevaluations. As this case was processed via the Integrated Disability Evaluation System (IDES), the PEB accepted the proposed disability rating of the compensable unfitting condition rendered by the VA per DODI 1332.18 . For this IDES case, the PEB has no authority to modify the code or rating provided by the VA.
As set forth in regulation, if the Applicant believes the diagnostic code or rating provided by the VA is incorrect, he has the right to appeal this to the VA via a VA Rating Reconsideration as provided in the IDES. This is not a matter for the PEB.
Therefore, DIZZINESS AND GIDDINESS
significantly interferes with the member ' s ability to carry out the duties of his office, grade, rank, MOS, or rating and is an unfitting condition. Further, in accordance with Title 26 U.S.C. §104 (b) (3) and 10 U.S.C §1212, DIZZINESS AND GIDDINESS is neither combat related nor incurred in a combat zone.
The Board considered the combined effect of all conditions and individually considered each condition to determine if the medical condition: (1) individually or collectively, prevents the Service member from reasonably performing the duties of their office, grade, rank, MOS, or rating including those duties remaining on a Reserve obligation for more than 1 year after diagnosis , (2) represents an obvious medical risk to the health of the member or to the health or safety of other mem bers, or (3) the medical condition imposes unreasonable requirements on the military to maintain or protect the Service member when making its fitness determination and applied these considerations to the final adjudication.
CONCLUSION
The member 1s unfit to continue naval service.
PETITION TO THE FORMAL BOARD
On 20 April 2023 the member appeared via video teleconference requesting to be found unfit to continue naval service based on MENIERE' S SYNDROME (IDIOPATHIC ENDOL YMPATHIC HYDROPS) UNDER VA DIAGNOSTIC CODE (DC) 6205 that the member considered stable for rating purposes and not combat related nor incurred in a combat zone, warranting placement on the Permanent Disability Retired List (PDRL).
FINDINGS
After careful review of all the available evidence and based on a unanimous opinion, the Formal Physical Evaluation Board finds the member is unfit to continue naval service due to DIZZINESS AND GIDDINESS that is not combat related and was not incurred in a combat zone.
The preponderance of evidence supports that the medical disease or condition or underlying diagnosis interferes significantly with the member's ability to carry out the duties of his office, grade, rank, MOS, or rating.
The formal pet1t10n included new medical evidence Al-AS and evidence already contained in the official record C1. Mr. Yeshaya Poyurs (DES Counsel Program) represented the member.
Mr. Joseph Moschetto, President of the Naval Clemency and Parole Board, attended the formal hearing as an observer but did not participate in the deliberations.
ANALYSIS
The Service member is a Navy Aviation Electrician's Mate, Second Class Petty Officer (AE2). The primary duties of an AE2 are to perform maintenance on electrical and instrument systems, including power generation, conversion, and distribution systems; aircraft batteries; interior and exterior lighting; electrical control of aircraft systems, including hydraulic, landing gear, flight control, utility , and power plant engine, flight and non-instrument-type indicating and warning systems; automatic flight control and stabilization systems; aircraft compass· systems; attitude reference systems; and inertial navigation systems. See Navy Enlisted Classifications Manual (NAVPERS 18068F).
DIZZINESS AND GIDDINESS
Is an unfitting condition. The Department of Veterans Affairs (VA) rated the member's unfitting condition DIZZINESS AND GIDDINESS under DC Code 6204 Peripheral Vestibular Disorders. AE2 Shank submitted a work note from Wilmington Ear Nose & Throat dated 5 April 2023 that stated the member had "probable Meniere's Disease" (A002), along with an associated clinical note (A003-A005). The member petitioned for the following: "Please find unfitting Meniere's Syndrome· (idiopathic endolymphatic hydrops) under VA Diagnostic Code 6205" and provided testimony regarding his condition and treatment course.
Per DODI 1332.18, at the Formal PEB, the Service member will be entitled to address issues pertaining to their fitness, the percentage of disability, degree or stability of disability , administrative determinations, a determination that their injury or disease was non-duty related, or that their injury or disease was combat related or took place in a combat zone.
The Applicant's request regarding specific diagnostic codes and/or ratings are an issue for the VA. Diagnostic codes and ratings for unfitting conditions are within the PEB' s purview within the Legacy Disability
Evaluation System process and Temporary Disability Retired List reevaluations. As this case was processed via the Integrated Disability Evaluation System (IDES), the PEB accepted the proposed disability rating of the compensable unfitting condition rendered by the VA per DODI 1332.18 . For this IDES case, the PEB has no authority to modify the code or rating provided by the VA.
As set forth in regulation, if the Applicant believes the diagnostic code or rating provided by the VA is incorrect, he has the right to appeal this to the VA via a VA Rating Reconsideration as provided in the IDES. This is not a matter for the PEB.
Therefore, DIZZINESS AND GIDDINESS
significantly interferes with the member ' s ability to carry out the duties of his office, grade, rank, MOS, or rating and is an unfitting condition. Further, in accordance with Title 26 U.S.C. §104 (b) (3) and 10 U.S.C §1212, DIZZINESS AND GIDDINESS is neither combat related nor incurred in a combat zone.
The Board considered the combined effect of all conditions and individually considered each condition to determine if the medical condition: (1) individually or collectively, prevents the Service member from reasonably performing the duties of their office, grade, rank, MOS, or rating including those duties remaining on a Reserve obligation for more than 1 year after diagnosis , (2) represents an obvious medical risk to the health of the member or to the health or safety of other mem bers, or (3) the medical condition imposes unreasonable requirements on the military to maintain or protect the Service member when making its fitness determination and applied these considerations to the final adjudication.
CONCLUSION
The member 1s unfit to continue naval service.