Please Read. Need Advice

mitch84

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Initially put on LIMDU June 10, 2016 for “Paresthesia”. IDES initiated December 2016 when my Neurologist determined a second LIMDU period would not benefit me. Referred conditions by my Neurologist include Small Fiber Neuropathy, Postural Orthostatic Tachycardia Syndrome (POTS) and Migraines W/Aura. Completed VA C&P exams in January 2017. Diagnosed with Fibromyalgia after C&P exams were completed and was told by my PEBLO that I could not add conditions that were not claimed when I filled out my VA forms, even though I claimed bilateral leg and arm pain/weakness and joint pain in every joint. Along with the Fibromyalgia diagnoses I was required to have a mental health evaluation. I was diagnosed with Anxiety/Depression by the MH provider and she submitted an addendum. On 23 May 2017, I was found “FIT” by the IPEB. The IDES attorney at Naval Medical Center Portsmouth didn’t have an appointment until two weeks later (only had ten days to submit) so I personally drafted an appeal and received a new NMA from my command that was sent on 02 June 2017.

The appeal basically states that I haven’t been working in my rate for over two years, I will never be able to work in my rate in the future and that the board stated they sent correspondence requesting diagnoses clarification on the POTS and Small Fiber Neuropathy but didn’t receive anything back. I asked my PEBLO and both Neurologists that diagnosed me with these conditions about the request and none of them ever received any such correspondence from the board. Also the board said there wasn’t enough treatment by a MH provider for the A/D claim so I addressed it in my appeal by using the addendum from the Rheumatologist with the date of the Fibromyalgia diagnoses (MH is required when diagnosed with Fibro). My PEBLO had a meltdown. Oh well.

Still haven’t gotten any official word about the FPEB. My eBenefits claim status has said “Pending Decision Approval/Development Letter Sent” since May and I spoke with one of the PEBLOs last week about the status of my case in which she informed me it (unofficially) said “Formal Board Ready” in their system. Called again this week and when she looked in the system she had to put me on hold to call the board because she didn't understand the note. Their system was down when she called so I'm still waiting on clarification. More movement is a good thing I guess.

At this point in time I only have one answer to a plethora of questions and only one I have the answer to...

Q: How the hell did they find me “FIT”?

A: Glowing NMA from my command that literally said I am an “outstanding Sailor”. My periodic evaluations say I walk on water. Board didn’t even look at anything else.

My other questions are…

Does this mean FPEB granted?

What do I need to do right now to prepare for the FPEB?

Do I need more witness/impact statements? I already included seven in my appeal.

Should I have my spouse and/or people in my COC come with me to the FPEB?

I think it is best if I prepare a written statement that I can read to the board (I have speech problems from TBI). What should this statement include and/or is there a format?

Can Fibromyalgia be added at the FPEB?

Since I haven’t spoken with a lawyer about my case, should I? Who can I talk to without coming out of pocket? I understand I will be assigned a JAG if I go to the FPEB

Responses with any insight to these questions would be greatly appreciated.
 
So, the best advise I think you can be given at this point, is to get in contact with an attorney. You have a right if you disagree with the findings to go to a formal board, but with the amount of questions you have I think it would be ill advised for you to do anything else without discussing with your peblo, and a lawyer. Also be careful because there is a time limit on how long you have to submit that you agree or disagree with your findings.
 
Maybe my lengthy post was confusing, I have already written my own appeal to the formal board disagreeing with the findings I received in May. Do you think I should talk to a lawyer now or just wait until I am assigned a JAG if they grant me the formal board?
 
Maybe my lengthy post was confusing, I have already written my own appeal to the formal board disagreeing with the findings I received in May. Do you think I should talk to a lawyer now or just wait until I am assigned a JAG if they grant me the formal board?
Sorry I took so long to respond. Definitely speak to a lawyer ASAP. It's best to get ahead of these things.
 
What did it mean when it said formal board ready... My package currently says this in the system
 
I think if you have appealed and requested counsel you are on the best possible course. Conditions that were discovered after C&P exams are relevant and should be considered. your PEBLO was wrong. Contact your MSC.
 
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