HAPPY NEW YEAR 2024!!

[Jason Perry]

Here's wishing everyone a Happy New Year!!

I am looking forward to an exciting year, both personally, and for the PEB FORUM!

I will be posting several updates soon about emerging issues with the Military DES! I have recently grappled with a few cases concerning the use of "negative evidence" (the MEBs/PEBs/BCMRs claiming that there is insufficient evidence on a point, when case law in the Federal Circuit limits the use of negative evidence), incomplete and inaccurate MEBs that the PEBs use to justify lowball ratings, the failure to revise profiles after the VA exams and ratings indicate a high degree of disability, and several other issues of interest to those in the DES/IDES!

I hope all are enjoying a relaxing and peaceful holiday and I look forward to seeing you here in the New Year!!

 

[RangerVic]

I would be very interested in your thoughts on negative evidence. I just relieved 199 from informal PEB. I was not given allowed any rebuttal at the MEB. First the IMR said it was not his job to see if the NARSUM was right or wrong, just to see if all the medical issues were annotated. Then the reviewing authority and approving authority (Same person) said he would not allow any changes to the NARSUM after it was written. Which means there is no rebuttal of the NARSUM. Despite having two experts provide letters contradicting the NARSUM theory that my cancer was contracted at age 15 and not due to environmental conditions from the Gulf War the NARSUM was not touched, additionally, despite a military medical doctor recommending back surgery the NARSUM stated that there was not enough evidence to say that I had reached a point of not being medically qualified because I dod not have a permanent profile for my back. Then the profiling official said she could not make my profile permanent because it would effect the board process so she could only make it a temp. The only thing my attorney tells me is "we have another bite at the apple." So, any knowledge I can gleam from this site is great.

 

[Provis]

I would be very interested in your thoughts on negative evidence. I just relieved 199 from informal PEB. I was not given allowed any rebuttal at the MEB. First the IMR said it was not his job to see if the NARSUM was right or wrong, just to see if all the medical issues were annotated. Then the reviewing authority and approving authority (Same person) said he would not allow any changes to the NARSUM after it was written. Which means there is no rebuttal of the NARSUM. Despite having two experts provide letters contradicting the NARSUM theory that my cancer was contracted at age 15 and not due to environmental conditions from the Gulf War the NARSUM was not touched, additionally, despite a military medical doctor recommending back surgery the NARSUM stated that there was not enough evidence to say that I had reached a point of not being medically qualified because I dod not have a permanent profile for my back. Then the profiling official said she could not make my profile permanent because it would effect the board process so she could only make it a temp. The only thing my attorney tells me is "we have another bite at the apple." So, any knowledge I can gleam from this site is great.

Have you been consulting legal? If they are not helping have you considered hiring a private attorney to assist? I have never heard of someone going through IDES not being allowed to submit a written rebuttal to the NARSUM.

 

[RangerVic]

Yes, but throughout the process every time we (attorney/myself) submitted a rebuttal it was ignored. I outlined in an email to the Chief Medical Officer (CMO / MTF Deputy) 7 instance where the Army Regulation was not followed or violated. I CCed the PEBLO but they ignored it and sent up the NARSUM to PEB so it would not be retrieved. A week later I was able to have a conversation with the CMO. CMO wrote a letter that one condition on the NARSUM was not supported by the theory and the other did not have enough evidence- basically that there was no permanent profile at the time the NARSUM was written. My counsel just says there is nothing we can really do if they choose not to follow the regulation because it all gets worked out in the PEB. Lot of good that did when a PEB Logistics Major didn't stray from the clearly bias NARSUM siding with the family medicine MEB doctor over to well respected experts.