What do you think?

babycakes8628

PEB Forum Regular Member
I am a female in the Navy as an E-3. I just got my package back saying that my condition was pre existing and that I get no benefits. I don't currently know what code I am under, but I have degenerative disk disease along with scoliosis and osteoarthritis. Do you think that it is worth taking to the formal board?
 
Yes,

You should appeal and ask for a formal board. There is no place to go but up from where you are. They must overcome the presumption that your condition incurred while entitled to basic pay. What evidence is in your MEB that demonstrates your condition was EPTS and was not aggravated while in service?

Mike
 
Below is a suggested body for an appeal for your IPEB findings.

Mike


My Informal Physical Evaluation Board (IPEB) was not adjudicated IAW existing DoD and Navy disability evaluation instructions. If upon further review, the IPEB does not find my condition compensable and ratable of at a least 30% disabling, I request a formal physical evaluation board.

10 USC 1222a requires the PEB to address the issues raised in this appeal in an orderly and itemized fashion. This requirement is reinforced in the Directive Type Memorandum, Policy Guidance for the Disability Evaluation System and Establishment of Recurring Directive-Type Memoranda, signed by Dr. David Chu on 3 May 2007. 10 USC 1222a is below:

1222. Physical evaluation boards

‘‘(a) RESPONSE TO APPLICATIONS AND APPEALS.—

The Secretary of each military department shall ensure, in the case of any member of the armed forces appearing before a physical evaluation board under that Secretary’s supervision, that documents announcing a decision of the board in the case convey the findings and conclusions of the board in an orderly and itemized fashion with specific attention to each issue presented by the member in regard to that member’s case. The requirement under the preceding sentence applies to a case both during initial consideration and upon subsequent consideration due to appeal by the member or other circumstance.

I have the following issues from my informal physical evaluation board results I need addressed in your response to this appeal. It is imperative that these appeal issues be responded to completely so that I can thoroughly understand how the IPEB arrived at its decision and so that my counsel and I can properly prepare for my formal board.

1. What was the evidence used by the IPEB to overcome the presumption that my unfitting condition incurred while I was entitled to basic pay?

2. What was the evidence used by the IPEB to overcome the presumption that my condition, even if EPTS, was further permanently aggravated by service?

3. If the IPEB had found my condition compensable, what rating would they have assigned it?
 
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