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Scout354

Well-Known Member
PEB Forum Veteran
Registered Member
19 yr AD Marine. Found “Fit” for one of my 3 conditions, but they pretty much didn’t even look at the other 2 referred conditions. I then had to appeal because they, IPEB, didn’t do their job all the way as I should have been found unfit for the others for sure. I Found out 2 weeks ago, a month after I appealed through my VA rep, lawyer, and PEBLO, I am 100%VA. Still waiting for a date, information, phone call, literally anything from the FPEB.

I have been sitting in this mess for a year. Anyone else in the same situation?
 
USN here. I am in a lightly similar situation. VA and IPEB never looked at my last VA exam which gave me almost all of my disability % and it was never reviewed for a fitness of duty; now I'm having to appeal to add the condition. I finally heard back and my FPEB date is scheduled for 09JUN22, and I just heard from my new assigned counsel today, so you should hear something soon.
 
eringregoire said:
USN here. I am in a lightly similar situation. VA and IPEB never looked at my last VA exam which gave me almost all of my disability % and it was never reviewed for a fitness of duty; now I'm having to appeal to add the condition. I finally heard back and my FPEB date is scheduled for 09JUN22, and I just heard from my new assigned counsel today, so you should hear something soon.
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How is everything looking for you? I'm in a similar situation. Went up to the IPEB for TBI but not PTSD. I had tried to get it added beforehand but my PEBLO is horrible. It came back unfit, 0% dod, 100% va. I'm taking it to the FPEB to get it added.
 
Scout354 said:
19 yr AD Marine. Found “Fit” for one of my 3 conditions, but they pretty much didn’t even look at the other 2 referred conditions. I then had to appeal because they, IPEB, didn’t do their job all the way as I should have been found unfit for the others for sure. I Found out 2 weeks ago, a month after I appealed through my VA rep, lawyer, and PEBLO, I am 100%VA. Still waiting for a date, information, phone call, literally anything from the FPEB.

I have been sitting in this mess for a year. Anyone else in the same situation?
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I'm coming up on a year from the date that I was referred to the med board for TBI. Last week I was found unfit, 0% dod, 100% va. I'm taking to the FPEB to get PTSD added. The VA rated it at 70%. I'm so over this.
 
jwm88 said:
How is everything looking for you? I'm in a similar situation. Went up to the IPEB for TBI but not PTSD. I had tried to get it added beforehand but my PEBLO is horrible. It came back unfit, 0% dod, 100% va. I'm taking it to the FPEB to get it added.
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I am currently awaiting my formal, as I said, but have been working with my new attorney, and he said that this happens to a lot of people, specifically because we are told to only talk about our referred condition in our personal statement, but that is incorrect. We are supposed to talk about all conditions that affect our work/fitness of duty. I have obtained the medical evidence to prove the additional condition I am adding affects my work as well, which is just prior medical documentation that they failed to review.
Attorney says he thinks I will achieve my additional unfitting condition and we are also submitting a VARR on it so they can review my last VA exam.
As long as I receive my 30% DOD, which I will regardless of a percentage increase, I will just appeal with the VA after I’m out.
 
eringregoire said:
I am currently awaiting my formal, as I said, but have been working with my new attorney, and he said that this happens to a lot of people, specifically because we are told to only talk about our referred condition in our personal statement, but that is incorrect. We are supposed to talk about all conditions that affect our work/fitness of duty. I have obtained the medical evidence to prove the additional condition I am adding affects my work as well, which is just prior medical documentation that they failed to review.
Attorney says he thinks I will achieve my additional unfitting condition and we are also submitting a VARR on it so they can review my last VA exam.
As long as I receive my 30% DOD, which I will regardless of a percentage increase, I will just appeal with the VA after I’m out.
Click to expand...
Unfortunately, your new attorney is quite correct- many PEBLOs across all branches are dispensing bad advice regarding what to put in your personal statement. Your personal statement is the document that you should use to address all of your potentially unfitting conditions, not simply the referred ones. However, it should always be reviewed carefully with your private or military counsel, as FPEB members will use contradictions or discrepancies in it when asking you questions during a formal hearing. Note- some PEBLOs are also erroneously advising members that a rebuttal can only be used to address referred conditions. I often use rebuttals to both address discrepancies in the NarSum and to argue why an additional condition should be added as a referred condition- for two reasons. First, they may add the condition. second, if they do not, then you are still showing reviewers at the IPEB and FPEB levels why this condition should be added to your case.
 
johnbgately said:
Unfortunately, your new attorney is quite correct- many PEBLOs across all branches are dispensing bad advice regarding what to put in your personal statement. Your personal statement is the document that you should use to address all of your potentially unfitting conditions, not simply the referred ones. However, it should always be reviewed carefully with your private or military counsel, as FPEB members will use contradictions or discrepancies in it when asking you questions during a formal hearing. Note- some PEBLOs are also erroneously advising members that a rebuttal can only be used to address referred conditions. I often use rebuttals to both address discrepancies in the NarSum and to argue why an additional condition should be added as a referred condition- for two reasons. First, they may add the condition. second, if they do not, then you are still showing reviewers at the IPEB and FPEB levels why this condition should be added to your case.
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Yeah, unfortunately for my case, it wouldn’t have even been added at the Narsum anyway. I didn’t get diagnosing medical evidence until my case was already with the medical officer.
 
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