IDES woes for RC soldiers

t.henri

Member
Registered Member
Hola all.

I'm that Nat'l Guard guy, the one by virtue of 'living in remote areas present an administrative and fiscal challenge for the states and regions seeking to support them.'
I have a strong reaction, to say the least, when encountering senior folks who don't live the integrity and honor values that the the Army espouse. A strong enough reaction that I do not attend any scheduled unit assemblies lest I help a sub-par field grade O or senior NCO find how many steps there are in the HQ building via counting them as he bounces down them. Yeah, I'm that one. Anyhow, this leads to additional communications issues, which on top of the sparse information from the state command and PEBLO, makes for some good times.

I have a few questions, for which I think I know some of the answers. That said, I have the fantastic comprehension/concentration/recall issues associated with brain injury and psychological health issues, so have found it never hurts to get a second set of eyes on my work.

The situation, sand table version: Senior Infantry NCO, multiple combat tours, CIB, BSM, PH in the works. I love me portion over.
80% combined rating from VA for PTSD, TBI, and skeletal issues. Drawing SSDI based on PTSD. Relieved for medical reasons twice, that sh*t is good for the ego. Multiple letters from field grade command and 1SG, CSM on inability to perform duties, stating unft for duty. MEB results finding PTSD and skeletal damage to left knee the disqualifying conditions. My case is pending review by IPEB.
I cannot work, or return to the university I was in before Afghanistan and Iraq. I have tried both several times and my behavioral health issues are such that I eventually stop going to classes or showing up for duty/work. My desired outcome would be separation, or medical retirement, although I do not think the latter is possible in my case.

The questions:
1. I done messed up, I missed the 7 day window to review and sign DA From 3947. PEBLO had emailed to me, I downloaded it, and forgot about it. PEBLO called an last day to tell me she had not heard from me and was sending packet on to PEB. All good and well, except I disagree with block 13e for both conditions, the reviewing doc stated the conditions are/were not permanently aggravated by service. I requested information from PEBLO on how, and if it was possible to request exception to policy for missing the window for appealing MEB results based on my location and severity of my conditions. Queue the crickets. Not even an 'it's not possible answer,' just silence. Any insight or advice on the possibility or effectiveness of submitting a rebuttal to the MEB results, after missing the appeal period?
I have been searching for the title and text of the governing regulations and policy, with nothing found, with the intent to learn what the exception process is.
I've contacted CSM(R) Janney at MEDCOM to find out which of the ombudsmen (persons?) I should contact to get some information. That said, actually contacting those folks is on me, I rarely travel to a location with reliable phone service, and cannot log in to AKO from my apartment. Fun.
2. I'm generally clueless as to potential outcome of PEB. I suspect that it will be separation and ability to draw pension at 60 years minus time in Iraq and Afghanistan. I have 14ish, maybe 15 by now, years TIS, and have my 20 year letter. Any thoughts or guidance would be much appreciated. As I said, I have an 80% rating from the VA, suspect it will be raised based on an appeal to VBA denial for individual unemployabillity as I have started to draw SSDI based on PTSD rendering me unable to work.
3. I am also stupid. When offered WTU orders, I said hell no, I have contact with an excellent care provider team in the VA, and do not want to give them up. Nor did I want to be locked down in the WTU barracks due to that whole HI/SI thing. So, I am going it alone, minus weekly/monthly appointments with my docs. I asked my PEBLO what the process is to get me on the ground for the remainder of the IDES process. Not the norm, I know. It's cheaper to not put me on orders, and I know that the orders bit will be done through my state. Anyhow, again, crickets. In folks' experience, I suspect that being in the WTU will lead toward better communications and a quicker, perhaps better result from IPEB. Is this so, or am I just spinning nonsense in my head? I do know I can request to be present for formal PEB if I feel I need to appeal the outcome.
4. Lastly, legal representation, would it behoove me to find an attorney? My contact with soldier's MEB counsel has been sporadic, but the senior NCO re-directs me to my PEBLO for all questions. My PEBLO doesn't answer. An entertaining cycle for masochists, I think.

For those thinking that my diction and vocabulary are way too good for either a grunt or a guy with TBI, I was working on dual baccalaureates, BA English and BS Software Engineering, before this latest set of deployments. I used to be pretty sharp. Some days I seem to be able to tap into that. Most days I am lucky if I can recall what I am doing from minute to minute, or get past my front door.

Thanks in advance for taking the time to read that, and for any guidance you folks can provide.
 

Warrior644

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Hola all.

I'm that Nat'l Guard guy, the one by virtue of 'living in remote areas present an administrative and fiscal challenge for the states and regions seeking to support them.'
I have a strong reaction, to say the least, when encountering senior folks who don't live the integrity and honor values that the the Army espouse. A strong enough reaction that I do not attend any scheduled unit assemblies lest I help a sub-par field grade O or senior NCO find how many steps there are in the HQ building via counting them as he bounces down them. Yeah, I'm that one. Anyhow, this leads to additional communications issues, which on top of the sparse information from the state command and PEBLO, makes for some good times.

I have a few questions, for which I think I know some of the answers. That said, I have the fantastic comprehension/concentration/recall issues associated with brain injury and psychological health issues, so have found it never hurts to get a second set of eyes on my work.

The situation, sand table version: Senior Infantry NCO, multiple combat tours, CIB, BSM, PH in the works. I love me portion over.
80% combined rating from VA for PTSD, TBI, and skeletal issues. Drawing SSDI based on PTSD. Relieved for medical reasons twice, that sh*t is good for the ego. Multiple letters from field grade command and 1SG, CSM on inability to perform duties, stating unft for duty. MEB results finding PTSD and skeletal damage to left knee the disqualifying conditions. My case is pending review by IPEB.
I cannot work, or return to the university I was in before Afghanistan and Iraq. I have tried both several times and my behavioral health issues are such that I eventually stop going to classes or showing up for duty/work. My desired outcome would be separation, or medical retirement, although I do not think the latter is possible in my case.

The questions:
1. I done messed up, I missed the 7 day window to review and sign DA From 3947. PEBLO had emailed to me, I downloaded it, and forgot about it. PEBLO called an last day to tell me she had not heard from me and was sending packet on to PEB. All good and well, except I disagree with block 13e for both conditions, the reviewing doc stated the conditions are/were not permanently aggravated by service. I requested information from PEBLO on how, and if it was possible to request exception to policy for missing the window for appealing MEB results based on my location and severity of my conditions. Queue the crickets. Not even an 'it's not possible answer,' just silence. Any insight or advice on the possibility or effectiveness of submitting a rebuttal to the MEB results, after missing the appeal period?
I have been searching for the title and text of the governing regulations and policy, with nothing found, with the intent to learn what the exception process is.
I've contacted CSM(R) Janney at MEDCOM to find out which of the ombudsmen (persons?) I should contact to get some information. That said, actually contacting those folks is on me, I rarely travel to a location with reliable phone service, and cannot log in to AKO from my apartment. Fun.
2. I'm generally clueless as to potential outcome of PEB. I suspect that it will be separation and ability to draw pension at 60 years minus time in Iraq and Afghanistan. I have 14ish, maybe 15 by now, years TIS, and have my 20 year letter. Any thoughts or guidance would be much appreciated. As I said, I have an 80% rating from the VA, suspect it will be raised based on an appeal to VBA denial for individual unemployabillity as I have started to draw SSDI based on PTSD rendering me unable to work.
3. I am also stupid. When offered WTU orders, I said hell no, I have contact with an excellent care provider team in the VA, and do not want to give them up. Nor did I want to be locked down in the WTU barracks due to that whole HI/SI thing. So, I am going it alone, minus weekly/monthly appointments with my docs. I asked my PEBLO what the process is to get me on the ground for the remainder of the IDES process. Not the norm, I know. It's cheaper to not put me on orders, and I know that the orders bit will be done through my state. Anyhow, again, crickets. In folks' experience, I suspect that being in the WTU will lead toward better communications and a quicker, perhaps better result from IPEB. Is this so, or am I just spinning nonsense in my head? I do know I can request to be present for formal PEB if I feel I need to appeal the outcome.
4. Lastly, legal representation, would it behoove me to find an attorney? My contact with soldier's MEB counsel has been sporadic, but the senior NCO re-directs me to my PEBLO for all questions. My PEBLO doesn't answer. An entertaining cycle for masochists, I think.

For those thinking that my diction and vocabulary are way too good for either a grunt or a guy with TBI, I was working on dual baccalaureates, BA English and BS Software Engineering, before this latest set of deployments. I used to be pretty sharp. Some days I seem to be able to tap into that. Most days I am lucky if I can recall what I am doing from minute to minute, or get past my front door.

Thanks in advance for taking the time to read that, and for any guidance you folks can provide.
Welcome to the PEB Forum! :)

Hmm from an U.S. Army Active Duty perspective, I definitely comprehend your statements about the lost in cognitive abilities due to combat-related injuries from support operations in OIF and OEF.

That said, I have earned a BS in Computer Science (with a minor in Math) and MS in Computer Science with a concentration in Artificial Intelligence and Expert Systems. I don't cognitively function at a high level anymore along with numerous chronic/severe physical medical conditions; therefore, hence the eventual acceptance into the DoD IDES MEB/PEB process.

In retrospect, I was awarded SSA SSDI disability compensation in 76 calendar days due to cognitive impairment prior to my official acceptance into the DoD IDES MEB/PEB process.

To that extent, I submitted my formal request for permanent and total (P&T) increased DoVA disability compensation via the VARR request in which I recently received paritally favorable results. At least, the initial development for P&T Individual Unemployability (IU) shall start now rather than later as annotated on the DoVA Decision Review Officer Reconsideration decision support documentation.

Indeed, you have a DoD IDES process legal right for SMEBC and SPEBC representation; insist to use it as augmented with the PEBLO for DoD IDES daily operational assistance. Other PEB Forum members may provide additional pinpointed feedback to your specifc inquiry hopefully soon.

By any means, please don't default acceptance to potential injustice; fight back as legally feasible as possible...it could potential result in favorable military disability compensation benefits which you earned and deserve! ;)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
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