PEB Reconsideration letter

J

Joshuadf

Member
Registered Member
Hello all,
My case has already been through the IPEB and the VA. I was found unfitting by the board for my left foot only, but by the va for both feet unfitting. My case moved to a "va percent correction" before I found out what was going on. I thought I could post my letter and get some feedback about how everyone thinks it will do.
I was given 20% unfitting from va for left foot, 10% unfitting from va for right. The med board only found me unfit for my right.

Sorry if it is a bad quality, I had to take some personal details out of the beginning.
 

Attachments

Please don't mind the formatting. It is like that because I was taking screenshots of the pdf. I don't have a copy of the word document on my home pc.
 
Joshuadf said:
Hello all,
My case has already been through the IPEB and the VA. I was found unfitting by the board for my left foot only, but by the va for both feet unfitting. My case moved to a "va percent correction" before I found out what was going on. I thought I could post my letter and get some feedback about how everyone thinks it will do.
I was given 20% unfitting from va for left foot, 10% unfitting from va for right. The med board only found me unfit for my right.

Sorry if it is a bad quality, I had to take some personal details out of the beginning.
Click to expand...

Joshuadf said:
Please don't mind the formatting. It is like that because I was taking screenshots of the pdf. I don't have a copy of the word document on my home pc.
Click to expand...

Welcome to the PEB Forum! :)

Indeed, it seems that the PEB found you "unfit for duty" on the left foot while the DoVA D-RAS found both feet as a military service-connected medical condition.

In reference to your PEB reconsideration letter, I would suggest that you elaborate in detail more about how "both" feet significantly affects your ability to perform the assigned military duties of your military specialty.

Moreover, can you obtain additional letters from other personnel who have wittnessed your lack of abilities in the performance of your assigned military specialty duties due to both feet and any other medical condition you think should be considered "unfit for duty?"

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

Best Wishes!
 
Warrior,

I see that in your timeline that you requested and had not one but two formal PEB Hearings. Is that correct? I posted earlier on the HELP portion about my new situation I find myself in. I went through the formal PEB at Crystal City back in Nov 2013 and two weeks after that I was in the hospital for a week for Rhabdo and have been going to have blood drawn weekly ever since then until about two weeks ago.

My question or concern is I just received my 199 after my VA reconsideration. My PEBLO told me to see the legal for help on this but the PEBLO said that I can't have a second formal PEB hearing as only one is authorized. As I posted earlier, I am just trying to have this unfitting condition added to my 199 and rated prior to me getting out of the Army. The Peblo said I can do this once I am out, however I am all in for making sure the S@#! is right before I get out of the Army

Any help would be great I will be checking all weekend. I meet with my Attorney on Monday and then have to go see my PEBLO after that.

Thanks

Anaconda
 
SGM Anaconda said:
Warrior,

I see that in your timeline that you requested and had not one but two formal PEB Hearings. Is that correct? I posted earlier on the HELP portion about my new situation I find myself in. I went through the formal PEB at Crystal City back in Nov 2013 and two weeks after that I was in the hospital for a week for Rhabdo and have been going to have blood drawn weekly ever since then until about two weeks ago.

My question or concern is I just received my 199 after my VA reconsideration. My PEBLO told me to see the legal for help on this but the PEBLO said that I can't have a second formal PEB hearing as only one is authorized. As I posted earlier, I am just trying to have this unfitting condition added to my 199 and rated prior to me getting out of the Army. The Peblo said I can do this once I am out, however I am all in for making sure the S@#! is right before I get out of the Army

Any help would be great I will be checking all weekend. I meet with my Attorney on Monday and then have to go see my PEBLO after that.

Thanks

Anaconda
Click to expand...

Normally, you would only have one formal board. However, there are a few circumstances where an additional formal can happen. However, I think the most likely situation is that you will need to first submit an appeal to APDA.
 
Joshuadf said:
Hello all,
My case has already been through the IPEB and the VA. I was found unfitting by the board for my left foot only, but by the va for both feet unfitting. My case moved to a "va percent correction" before I found out what was going on. I thought I could post my letter and get some feedback about how everyone thinks it will do.
I was given 20% unfitting from va for left foot, 10% unfitting from va for right. The med board only found me unfit for my right.

Sorry if it is a bad quality, I had to take some personal details out of the beginning.
Click to expand...

Have you requested/had a Formal PEB hearing?

I know that it has been sometime since your post. As for the letter, I would ideally gather some enclosures, like letters/memos from command/supervisors discussing impact of both of your foot conditions on your ability to perform your duties. A key legal argument is "combined effect" of disabilities.
 
SGM Anaconda said:
Warrior,
I see that in your timeline that you requested and had not one but two formal PEB Hearings. Is that correct? I posted earlier on the HELP portion about my new situation I find myself in. I went through the formal PEB at Crystal City back in Nov 2013 and two weeks after that I was in the hospital for a week for Rhabdo and have been going to have blood drawn weekly ever since then until about two weeks ago.
My question or concern is I just received my 199 after my VA reconsideration. My PEBLO told me to see the legal for help on this but the PEBLO said that I can't have a second formal PEB hearing as only one is authorized. As I posted earlier, I am just trying to have this unfitting condition added to my 199 and rated prior to me getting out of the Army. The Peblo said I can do this once I am out, however I am all in for making sure the S@#! is right before I get out of the Army
Any help would be great I will be checking all weekend. I meet with my Attorney on Monday and then have to go see my PEBLO after that.
Thanks
Anaconda
Click to expand...

Indeed albeit I was previously scheduled for my 1st FPEB then submitted a request for withdrawal on the same day of the hearing yet 3 hours prior to the official start as based upon the legal advice from my assigned PEB military attorney and had to generate my own VARR request for immediate submittal! :mad:

Upon the PEB's receipt of the VARR request submittal, a revised DA Form 199 was generated due to a favorable DoVA D-RAS rating change (e.g., increase) of one PEB referred unfitting condition. As such, the issue of new findings by the PEB allowed me another legal opportunity to demand a FPEB hearing since the DoVA D-RAS changed its rating.

Fortunately, it was granted by the PEB then the 2nd FPEB hearing was officially scheduled with the same assigned PEB military "lazy" attorney and the rest is now history! :mad:

Now, in your particular situation, if the USAPDA issues revised findings, then you will once again be allowed to agree or disagree with the revised findings, and submit a written rebuttal. Since you have already had a formal PEB hearing, the appeal will be forwarded to the Army Physical Disability Appeal Board (APDAB) for review at that level as previously mentioned by Jason Perry in reply #5 of this thread. :)

Nonetheless, never default acceptance to potential injustice; fight then continue to fight some more until receipt of the desired expectations from within the DoD IDES MEB/PEB process! Take care! ;)

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

Best Wishes!
 
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