How does the in-person formal med board work? Will the board have reviewed the medical chart and all submitted work before seeing my husband? We travel up next week and his lawyer has not been very helpful. When we read his informal findings it is like they didn't even read the most recent doctor's notes.
In Person FPEB- NAVY
- Thread starter zoeygurl21
- Start date
Not sure if any private attorneys would take your husbands case this late in the game but I would at the very least consult with some. Free government representation is stretched thin. It isn't possible for them to give each case the time needed to get the best result compared to a private attorney where they have much fewer cases to focus on. I will send you some references via direct message. Good Luck!
Also, to answer your question, the board reviews all of the documenation before the hearing. Not sure if they delve into the individual documents but I know they do look at the NARSUM findings, iPEB finding etc.
Sometimes it depends on what you're going to FPEB for, what is he up for, is he going to get his findings from fit to unfit or unfit to fit or going for retirement from separation depending on which one I can give some info with what I know.
He is trying to a fit finding with crohn's (he has been off all meds for a year and no symptoms) his informal board stated that his treatment did not resolve his symptoms, but it did. We are just trying to see what we are walking in to.
We have gone back and forth on if it would be worth a private attorney or not. At this point, I think he is done mentally with this whole process. We are hoping since he is a week out he will hear from his lawyer this week. He is set up to get out worse case.
1. It is not unusual for the Code 16 attorneys at the Navy Yard—the formal board attorneys—to not begin contact in earnest until a couple of weeks before a formal hearing. This is not a slight to you and your husband- it is due to their caseload, which, on average, is about 350-400 active cases at a time, as opposed to civilian attorneys like me, who carry about 100-150 active cases at a time and can take the time needed to prepare both the client and the case itself thoroughly.
2. Having represented Navy members in this setting for more than 25 years, I can assure you that the formal board attorneys at the Navy Yard are actually quite good at what they do. This does not mean they do not care about their clients--they simply do not have the time to develop an extensive attorney-client relationship with them.
3. As for the IPEB members, the IPEB is really only a document review exercise, and most of the time, the information in the case file is only current as of the date the PEBLO uploaded the case file.
4. While the medical officers at the PEB do have access to Genesis and the AHLTA/JLV systems, there is rarely time on the IPEB level to do a deep dive into the members' current records. Typically, the medical officer sitting on the FPEB for your husband's case will review the Genesis and the AHLTA/JLV records the day before the hearing, but that is not always the case.
5. With that in mind, you should ensure that your detailed counsel has an updated copy of your husband's medical records several days before the hearing to assist him/her in presenting the case. Doing so will also help your husband and his attorney avoid scenarios in which they are caught off guard by questions from the medical officer concerning records your attorney has not seen.
6. Also, if your husband has extensive outside treatment records, the fact that you may have asked outside providers to forward their records to your MTF or branch clinic does not guarantee that it was done or that all your records were uploaded to Genesis. With that in mind, you should obtain an updated copy of any outside treatment records and forward those records to your detailed counsel as soon as possible.
7. As for hiring civilian counsel now, it would be hard for outside counsel to make a difference at this point. My approach to representing clients in the IDES process is to do so from the start of their medical board so that I can influence the direction of the case from the outset- drafting the NMA, preparing rebuttals and IMR requests, preparing them for VA C&P exams, rebutting flawed VA C&P exam findings, etc. to build the strongest case possible and thus obviating the need to go to an FPEB.
8. This approach usually results in great findings. Occasionally, a VA One-time Recon will be needed if the Navy correctly identifies the unfitting conditions but the VA has rated them too low. If we must go to a formal hearing and possibly a post-FPEB appeal, we will know that we have built the best case possible.
9. My reason for saying this is straightforward- to gain the most value from hiring civilian counsel, it is best to do so at the start of the process. Otherwise, at this late stage of the process, there would have to be something glaringly wrong in the JDETS Working Card outlining the IPEB members' rationale for their initial findings or new evidence that was previously unavailable to the PEB that supports your husband's goals for an outside counsel to get up to speed on notice and present a compelling case to the PEB.
10. So, if I were in your husband's position, I would focus on obtaining updated copies of all of my treatment records in PDF format and share them with your formal board attorney by DOD Safe as soon as possible.
All the best,
Jack Gately
(www.gatelylawfirm.com)
2. Having represented Navy members in this setting for more than 25 years, I can assure you that the formal board attorneys at the Navy Yard are actually quite good at what they do. This does not mean they do not care about their clients--they simply do not have the time to develop an extensive attorney-client relationship with them.
3. As for the IPEB members, the IPEB is really only a document review exercise, and most of the time, the information in the case file is only current as of the date the PEBLO uploaded the case file.
4. While the medical officers at the PEB do have access to Genesis and the AHLTA/JLV systems, there is rarely time on the IPEB level to do a deep dive into the members' current records. Typically, the medical officer sitting on the FPEB for your husband's case will review the Genesis and the AHLTA/JLV records the day before the hearing, but that is not always the case.
5. With that in mind, you should ensure that your detailed counsel has an updated copy of your husband's medical records several days before the hearing to assist him/her in presenting the case. Doing so will also help your husband and his attorney avoid scenarios in which they are caught off guard by questions from the medical officer concerning records your attorney has not seen.
6. Also, if your husband has extensive outside treatment records, the fact that you may have asked outside providers to forward their records to your MTF or branch clinic does not guarantee that it was done or that all your records were uploaded to Genesis. With that in mind, you should obtain an updated copy of any outside treatment records and forward those records to your detailed counsel as soon as possible.
7. As for hiring civilian counsel now, it would be hard for outside counsel to make a difference at this point. My approach to representing clients in the IDES process is to do so from the start of their medical board so that I can influence the direction of the case from the outset- drafting the NMA, preparing rebuttals and IMR requests, preparing them for VA C&P exams, rebutting flawed VA C&P exam findings, etc. to build the strongest case possible and thus obviating the need to go to an FPEB.
8. This approach usually results in great findings. Occasionally, a VA One-time Recon will be needed if the Navy correctly identifies the unfitting conditions but the VA has rated them too low. If we must go to a formal hearing and possibly a post-FPEB appeal, we will know that we have built the best case possible.
9. My reason for saying this is straightforward- to gain the most value from hiring civilian counsel, it is best to do so at the start of the process. Otherwise, at this late stage of the process, there would have to be something glaringly wrong in the JDETS Working Card outlining the IPEB members' rationale for their initial findings or new evidence that was previously unavailable to the PEB that supports your husband's goals for an outside counsel to get up to speed on notice and present a compelling case to the PEB.
10. So, if I were in your husband's position, I would focus on obtaining updated copies of all of my treatment records in PDF format and share them with your formal board attorney by DOD Safe as soon as possible.
All the best,
Jack Gately
(www.gatelylawfirm.com)
And, from what you describe of your husband's case, if he wants to be found fit, the focus should be on the fact that he is in remission, can perform all of the duties of his NEC or designator, and does not require immunomodulating or immunosuppressant medications. If that is supported by his treatment records and nonmedical evidence, your Code 16 attorney should be able to present that matter to the FPEB effectively. With the proper evidence, he /she may obtain a stipulated decision- an on-the-record decision- either that or the day before the board without needing a full hearing.
Thank you for your advice!
You're welcome- good luck with the FPEB!