Just started FPEB, Not sure we're to start

I'm not even sure how to make this long story short or how to ask without rambling so forgive me if this starts to jump around.
Here is a little background info
Active 11+ years, reserves about 7, 30% with VA but I would like to appeal. Primary conditions are Fibro, anxiety, depression, sleep apnea.
My spouse is active duty and I have carried this medical board process to 4 commands and 3 states

Just started talking to my appointed JAG and she told me my command didn't submit a LOD for me. I remember going back and forth with the command about the LOD because I didn't need Tricare on that end because I'm also a dependent, and the Reserves was my only job, no civilian job at the time. When I review am the form that was signed I made it clear that these conditions did occur on active duty but I didn't need the compensation because I don't have a civilian job. Bottom line, I never heard back from the command about the letter (that is another long story) so I'm communicating with them now requesting that they submit an LOD. I'm nervous because I don't think they will be very helpful as I'm between commands and there were a few issues in our dealings when I was there.

My narrative gave me the fibro and back pain but no percentages and there was a page missing. Not sure what that means.

At one point i received a message saying I was eligible for early retirement but now there is another JAG saying that isn't likely.

Any suggestions will be highly appreciated.
 
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Josephnica said:
I'm not even sure how to make this long story short or how to ask without rambling so forgive me if this starts to jump around.
Here is a little background info
Active 11+ years, reserves about 7, 30% with VA but I would like to appeal. Primary conditions are Fibro, anxiety, depression, sleep apnea.
My spouse is active duty and I have carried this medical board process to 4 commands and 3 states

Just started talking to my appointed JAG and she told me my command didn't submit a LOD for me. I remember going back and forth with the command about the LOD because I didn't need Tricare on that end because I'm also a dependent, and the Reserves was my only job, no civilian job at the time. When I review am the form that was signed I made it clear that these conditions did occur on active duty but I didn't need the compensation because I don't have a civilian job. Bottom line, I never heard back from the command about the letter (that is another long story) so I'm communicating with them now requesting that they submit an LOD. I'm nervous because I don't think they will be very helpful as I'm between commands and there were a few issues in our dealings when I was there.

My narrative gave me the fibro and back pain but no percentages and there was a page missing. Not sure what that means.

At one point i received a message saying I was eligible for early retirement but now there is another JAG saying that isn't likely.

Any suggestions will be highly appreciated.
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Welcome to the PEB Forum! :)

Hmm, exactly what type of assistance of you requesting at this point in time? :confused:

In reference to your fibro & back pain medical conditions without any associated VA rating percentages...did you receive a VA 0% rating or no VA rating at all for each medical condition?

As such, a VA 0% rating means your medical conditions were determined to be military service-connected, but were not "chronic" enough to receive a VA compensable rating in accordance with 38 CFR VASRD criteria. Therefore, a VA non-compensable rating was awarded.

To that extent, if you didn't receive any associated VA rating for your fibro & back pain medical conditions then the VBA has determined that those aforementioned medical conditions were not military service-connected. If this is not the case, then you will not to submit a DoVA Notice of Disagreement (e.g., VA Form 21-0958).

Moreover, I believe it's in your best interest to obtain a copy of the missing page from the "narrative" which you previously mentioned. Take care and I hope you receive favorable results from the FPEB hearing.

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

Best Wishes!
 
Thank you for your reply. I have 30% VA rating, 10% each for 3 out of about conditions. I would like to appeal for the other two conditions.
 
Josephnica said:
Thank you for your reply. I have 30% VA rating, 10% each for 3 out of about conditions. I would like to appeal for the other two conditions.
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You are welcome! :)

Okay, so you want to potentially add two additional medical impairments as PEB-referred "unfit for duty" medical conditions via the FPEB hearing; is that assumption correct? :confused:

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

Best Wishes!
 
Yes.my initial claim included 5 conditions. All of which occurred during or were aggravated by active duty.

I just had a long drawn out email convo with my command trying to understand why I don't have a LOD and trying to ask them to submit one for me. We came to an agreement in the end and they are submitting one.

After years of feeling ill and doctors telling me to take ibuprofen and get some sleep. I decided to go to the reserves thinking I just needed to rest. After about 6 months I felt maybe I can take some active duty time again so I signed on for several months of active duty. I end up ill again and in the ER a couple times. Another year or so went by, I PCSed and tried to hang strong at another command but couldn't bear it any longer. The med review process started and all the diagnosis came about.

Now I have to do is figure out what I need from my current doctors to prove my case. I guess diagnosis aren't enough. One concern is that I have PCSed 3 times since the start of this so my med stuff is all over the place but I've been treated for these conditions all the while.

Again, excuse my rant and random thoughts , but thanks for listening
 
Josephnica said:
My narrative gave me the fibro and back pain but no percentages and there was a page missing. Not sure what that means.
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The NARSUM should list every medical condition and talk about which are below or above retention standards and why. It does not assign ratings.

FPEB = Formal PEB, the one that is an appeal after the IPEB (Informal PEB) comes to a decision you disagree with. The IPEB comes after the MEB, and it sounds like you are still within the MEB process. They have decided the Fibro and back are the only service connection conditions. It sounds like you need to argue or agree with that decision, i.e. if the anxiety, depression and sleep apnea began during your active service time and thus should be part of the MEB (I cannot say for certain that secondary service connection will work during the MEB, my instinct says it won't, but the regs seem fairly silent on that issue, as in theory you shouldn't have time to develop a secondary service connection condition).

Josephnica said:
At one point i received a message saying I was eligible for early retirement but now there is another JAG saying that isn't likely.
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You remain eligible for retirement, but it will depend on the ratings assigned for the FIBRO and back condition, and those being found unfit, at this point. With the VA rating those at 10%, I would agree it is unlikely. Getting more conditions considered unfit or getting the VA to see those conditions as more serious are probable routes to fixing that.
 
Thanks for your reply scoutcc! :)
Forgive me if I have confused you, I'm still all over the place myself LOL. I am done with the IPEB because they gave me the summary. I may be using the wrong terms too, sorry. In the summary they recognized fibro and chronic back pain but didn't give me a percentage or rating. That box was marked NA. Nor did it say anything about something being above or below standards. I am still missing a page though SMH.

I only mention the LOD again because the current JAG (the one the FPEB has assigned to me) took a quick look over my case and recommended I go back to my command and ask them to submit one.

I requested the FPEB because I intend on arguing the decision because I really wish I could have finished my time in the active reserves but it was physically and practically not a safe and responsible decision in thinking run. Esp after the episodes i experienced after attempting to go back to active duty by doing ADT/ADSW's in the reserves. :/
 
Josephnica said:
Yes.my initial claim included 5 conditions. All of which occurred during or were aggravated by active duty.

I just had a long drawn out email convo with my command trying to understand why I don't have a LOD and trying to ask them to submit one for me. We came to an agreement in the end and they are submitting one.

After years of feeling ill and doctors telling me to take ibuprofen and get some sleep. I decided to go to the reserves thinking I just needed to rest. After about 6 months I felt maybe I can take some active duty time again so I signed on for several months of active duty. I end up ill again and in the ER a couple times. Another year or so went by, I PCSed and tried to hang strong at another command but couldn't bear it any longer. The med review process started and all the diagnosis came about.

Now I have to do is figure out what I need from my current doctors to prove my case. I guess diagnosis aren't enough. One concern is that I have PCSed 3 times since the start of this so my med stuff is all over the place but I've been treated for these conditions all the while.

Again, excuse my rant and random thoughts , but thanks for listening
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Josephnica said:
Thanks for your reply scoutcc! :)
Forgive me if I have confused you, I'm still all over the place myself LOL. I am done with the IPEB because they gave me the summary. I may be using the wrong terms too, sorry. In the summary they recognized fibro and chronic back pain but didn't give me a percentage or rating. That box was marked NA. Nor did it say anything about something being above or below standards. I am still missing a page though SMH.

I only mention the LOD again because the current JAG (the one the FPEB has assigned to me) took a quick look over my case and recommended I go back to my command and ask them to submit one.

I requested the FPEB because I intend on arguing the decision because I really wish I could have finished my time in the active reserves but it was physically and practically not a safe and responsible decision in thinking run. Esp after the episodes i experienced after attempting to go back to active duty by doing ADT/ADSW's in the reserves. :/
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Indeed, no worries; just trying to clarify your information in order to provide the best possible sound and insightful feedback!

At this point, I would suggest that you make it very clear of what you want then follow the lead of your assigned FPEB council and hopefully you shall be successful at the end of the Formal PEB hearing. Moreover, please ensure that your assigned FPEB council has all available medical evidence and/or medical documentation. Take care and please obtain a copy of the last page on the IPEB findings; you need to know what's annotated now!

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

Best Wishes!
 
Dude, Your at the beginning take up a hobby. It takes a year if you have one, take longer with multiple claims. Your bounced up and down on gathering of evidence for 6 months then same thing under review of evidence. VA does this to give the impression they're working on your claim. Sometimes they are, sometimes its in process, sometimes being passed along the line waiting for the next guy. Check on your claim on 1 year anniversary of filing it. Mean while take up a hobby. If you have just one disabililty, check after 6 months then again after 12.
 
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