I was referred for NoN-duty PEB

I would greatly appreciate insight from anyone who has experience with the Non-Duty Physical Evaluation Board (ND-PEB) process.

My sister recently went through a Medical Evaluation Board (MEB) for multiple medical conditions, including significant back injuries and other related health issues. These conditions were fully presented during the board process. Despite extensive medical documentation and an appeal through a private attorney, she was previously found fit for continued service at that time. Her PEBLO had also indicated that military legal services were unavailable due to furlough during that period. She also works full time for the guard as a technician but has not been to work since 2024 due to these same injuries and on leave without pay status.

However, the Department of Veterans Affairs (VA) has since rated her 100% Permanent and Total (P&T), service-connected for those same conditions.

She has now been formally notified that she is medically disqualified for retention due to disqualifying medical conditions and was issued a memorandum directing separation from the Army. Because no Line of Duty (LOD) determinations were completed for the original injuries, the conditions are being treated as non-duty related, making her case subject to the ND-PEB process.

When she received the separation notification, she was given the option to either waive her rights and separate administratively or elect review through the ND-PEB. She chose to proceed with the ND-PEB.

Recently, during drill, she experienced an incident where she fell into melted ice water from soldiers’ boots, which further aggravated her chronic pain, injuries, and symptoms. She currently uses an authorized cane for mobility.

She has now been instructed to submit a memorandum indicating whether she wishes to be found fit or unfit for continued service, and she is uncertain how to approach this decision or what the likely outcomes of the ND-PEB process may be.

Additionally, she has been advised to attempt to document and request Line of Duty determinations for prior injuries that were not pursued at the time. Since these incidents occurred more than 180 days ago, she is uncertain about the likelihood of approval for late LOD requests and how they may impact her case.

Her ETS date is June 2026, which will mark six years of service. She is also unsure whether reenlisting to allow more time for the ND-PEB process would be advisable, particularly given concerns about potential denial and separation without benefits.

Any guidance regarding the ND-PEB process, possible outcomes, late LOD documentation, or considerations related to reenlistment during this situation would be greatly appreciated. This is her situation
 
Thank you so much. I appreciate. I tried their numbers so many times as well as leaving them voice note. I will continue to try. I appreciate
 
There’s an email that your sent, the paralegal will get the package and then set you up with a telephone appointment with the attorney. You have to be at the ready and have all your questions drafted prior to the call (at least that the way I did mine).

I had a buddy who couldn’t get a hold of counsel despite attempts (common problem). Since Fort Gordon went silent we reached out to the counsel at Atterbury (another reserve counsel poc). We finally got a hold of supervisor who finally got my buddy a counsel who had to request an extension bc the MEB can take their sweet time but they’ll pressure you to make a decision (I think it was 5 business days).

Either way, the moral of the story is DONT GIVE the squeaky wheel gets the grease don’t let up!
 
Well noted. Thank you so much. I have been successful in reaching out to one. Hopeful for the procedure and process after the intake form has been completed. Is it free or how much does it cost please.
 
No cost just headaches lol. But the PEB Attorney (you’ll get a different one for MEB) was excellent bro
 
submitted the IPEB but they did not accept any of my evidence, they said no aggravation evidence is seen . Does that mean the case manager never submitted the incidence of the fall? They said the migraines are not duty related and not compensable . Also I have been trying to reach soldiers counsel but to no avail. I have 3 days to make an election to waive and seek for appeal and formal PEB . Also my ETS in June if I choose the FPEB would I have to reenlist? If I wouldn’t like to reenlist will they close my case and ETS me?
 
There’s an email that your sent, the paralegal will get the package and then set you up with a telephone appointment with the attorney. You have to be at the ready and have all your questions drafted prior to the call (at least that the way I did mine).

I had a buddy who couldn’t get a hold of counsel despite attempts (common problem). Since Fort Gordon went silent we reached out to the counsel at Atterbury (another reserve counsel poc). We finally got a hold of supervisor who finally got my buddy a counsel who had to request an extension bc the MEB can take their sweet time but they’ll pressure you to make a decision (I think it was 5 business days).

Either way, the moral of the story is DONT GIVE the squeaky wheel gets the grease don’t let up!
Hello please can I have the counsel at Atterbury’s contact? I am unable to reach out to the GA counsel any longer.
 
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