IMA After PEB?

Dominic

PEB Forum Regular Member
Is it possible to get an IMA after my PEB findings have already came in? I am going to decline the PEB's decision and I want one of my conditions reviewed by an IMA before I go to DC for the formal PEB. The condition is for Generalized Anxiety Disorder that was not found medically disqualifying. It is not the reason I am being medically separated, but it something I feel should be considered. Basically the Psychiatrist who wrote the report wasn't even the doctor I have been seeing and only talked to me for about an hour before deciding my condition wasn't disqualifying to the Army.


I made a bad move and declined the IMA before the MEB, but now that I received the results back from the PEB (for my foot) I would like to have another opinion on my "non-disqualifying" condition, which is Generalized Anxiety Disorder". Is this possible?


Thank you.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
Dominic,

As a general matter, no, the time to request an IMA is before the MEB is forwarded. I base this in the text of the law and the regulation which places the IMA procedurally at the MEB level. However, I think it is possible to raise a lack of counseling or advice (or even improper IMA procedures) as legal error. Normally, this would have next to no chance of succeeding at the PEB, but after, there may be some mileage to be gained from raising this point.

I say a lot of this in a vacuum because the IMA is a relatively new development and there is no case law out there to give guidance on this point.

In cases where I see problems with the findings, I think it is best to focus on developing evidence showing the correct rating (that is focus first on proving your point) and then raising errors (laying the groundwork for a basis for appeal if you do not prevail). This is my approach, others may disagree.
 

Dominic

PEB Forum Regular Member
Thanks for the info Jason. I would say I agreed with the psychiatrists findings because I thought I was supposed to appeal after the PEB findings. So basically I am in this boat because of my own ignorance and now that I have a little bit better understanding of the system I would like another psychiatrist to do my eval. I think I am much better informed of the process now and if reviewed by a new doctor, I will definitely get disqualified from continued service.

Thanks for the information. I see my PEBLO on Monday and will update you guys as to the situation.
 
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