Appeal Hearing "attendance"

MXNonner

Registered Member
#1
Background is I got my results from the informal back and received 20% DOD, I'm obviously appealing in an attempt to grab that last 10%.

My question is what is the best way to attend for the best results? Does that make sense? My attorney stated "it doesn't really matter"

The email I received says:

***AS A COST SAVINGS MEASURE, PLEASE INFORM THE MEMBER THAT APPEARING VIA VTC IS A VIABLE OPTION. THE SERVICE MEMBER CAN ARRANGE THAT THROUGH THEIR ATTORNEY.

also:

You may request, through your attorney and prior to travel, that your hearing be held telephonically, VIA VTC or In Absentia in lieu of traveling to JBSA -Randolph.
 

Warrior644

PEB Forum Veteran
Registered Member
#2
Background is I got my results from the informal back and received 20% DOD, I'm obviously appealing in an attempt to grab that last 10%.

My question is what is the best way to attend for the best results? Does that make sense? My attorney stated "it doesn't really matter"

The email I received says:

***AS A COST SAVINGS MEASURE, PLEASE INFORM THE MEMBER THAT APPEARING VIA VTC IS A VIABLE OPTION. THE SERVICE MEMBER CAN ARRANGE THAT THROUGH THEIR ATTORNEY.

also:

You may request, through your attorney and prior to travel, that your hearing be held telephonically, VIA VTC or In Absentia in lieu of traveling to JBSA -Randolph.
Welcome to the PEB Forum! :)

In retrospect via an U.S. Army perspective, I physically attended two FPEB hearings when previously in the DoD IDES process, and had two FPEB hearings telephonically when currently in the DoD LDES PEB process while on DoD military TDRL.

As such, the difference was that when on military active duty in the DoD IDES process, I had an option to either physically attend the FPEB hearing with my PEB attorney or not physically attend the FPEB hearing but my PEB attorney will still be present. While currently placed onto the DoD military TDRL, I didn't have an opportunity to physically attend the FPEB hearing; only a telephonic attendance method was available for both myself and my PEB attorney.

In direct response to your inquiry, it's totally your decision if given an opportunity to physically attend the FPEB hearing. It would seem that a "best way to attend for the best results " approach isn't actually pertinent to any forthcoming FPEB hearing decision in my opinion. From numerous personal experiences, physically attending the FPEB hearing doesn't automatically yield a favorable FPEB outcome. Albeit, I was definitely satisfied with having the opportunity to have "face-to-face" time with each FPEB member to include my assigned PEB attorney. Take care!

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

Best Wishes!
 

138MISFIT

PEB Forum Veteran
Registered Member
#3
Welcome to the PEB Forum! :)

In retrospect via an U.S. Army perspective, I physically attended two FPEB hearings when previously in the DoD IDES process, and had two FPEB hearings telephonically when currently in the DoD LDES PEB process while on DoD military TDRL.

As such, the difference was that when on military active duty in the DoD IDES process, I had an option to either physically attend the FPEB hearing with my PEB attorney or not physically attend the FPEB hearing but my PEB attorney will still be present. While currently placed onto the DoD military TDRL, I didn't have an opportunity to physically attend the FPEB hearing; only a telephonic attendance method was available for both myself and my PEB attorney.

In direct response to your inquiry, it's totally your decision if given an opportunity to physically attend the FPEB hearing. It would seem that a "best way to attend for the best results " approach isn't actually pertinent to any forthcoming FPEB hearing decision in my opinion. From numerous personal experiences, physically attending the FPEB hearing doesn't automatically yield a favorable FPEB outcome. Albeit, I was definitely satisfied with having the opportunity to have "face-to-face" time with each FPEB member to include my assigned PEB attorney. Take care!

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

Best Wishes!
@Warrior my VA ratings came back and the 2 things that triggered the PEB prcess (shoulder acromioclavicular osteoarthritis 30% and Left Knee 10%) were rated. Do you think that the PEB will DOD rate me at 30%? My total VA was found 90%.
 

Warrior644

PEB Forum Veteran
Registered Member
#4
@Warrior my VA ratings came back and the 2 things that triggered the PEB prcess (shoulder acromioclavicular osteoarthritis 30% and Left Knee 10%) were rated. Do you think that the PEB will DOD rate me at 30%? My total VA was found 90%.
In order to prevent the hijacking of the OPs thread, could you please start your own PEB Forum thread with the aforementioned information?

At that point, either myself and/or other PEB Forum members will be able to offer exclusive feedback dedicated to your own inquiry. Take care and thanks!

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

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#5
Background is I got my results from the informal back and received 20% DOD, I'm obviously appealing in an attempt to grab that last 10%.

My question is what is the best way to attend for the best results? Does that make sense? My attorney stated "it doesn't really matter"

The email I received says:

***AS A COST SAVINGS MEASURE, PLEASE INFORM THE MEMBER THAT APPEARING VIA VTC IS A VIABLE OPTION. THE SERVICE MEMBER CAN ARRANGE THAT THROUGH THEIR ATTORNEY.

also:

You may request, through your attorney and prior to travel, that your hearing be held telephonically, VIA VTC or In Absentia in lieu of traveling to JBSA -Randolph.
The first comment I have is regarding your appeal to get "that last 10%." Just want to ensure you are tracking that with the IDES system, the percentages are determined by the VA, while unfitness is determined by the PEB. So, if you are going to have a Formal PEB, understand that the only issue to raise is whether you have additional unfitting conditions. Otherwise, you should be looking to submit a VA Rating Reconsideration Request to increase the rating or ratings for your current unfitting conditions.

The options for the formal hearing are to appear in person, to appear telephonically or via VTC, or to waive personal appearance and just have your attorney present your case with you in absentia (that is, you would not appear at all and your attorney would argue your case for you to the board).

Generally, I believe personal appearance is better if there are any factual issues in dispute that your testimony could help with convincing the board about an issue. Sometimes, there are other considerations that make personal appearance difficult or undesirable. Maybe it is pain or difficulty in traveling based on the disability, or maybe there are family issues or other reasons that make traveling to the hearing site difficult. In those cases, appearance by phone or VTC is an option to consider.

If there are no factual issues (or sometimes if the facts are so clear from the records) and the issues are purely legal in nature, then a hearing in absentia is sometimes a good option. I have had cases where I thought an appearance by the member might hurt the case, as it could present the board an opportunity to inject issues that could only hurt the member and the legal issues were so strong as to make the appearance unnecessary and perhaps detrimental to the case.

As always, the decisions must be based on the facts and circumstances of the individual case.

Hope this helped and I hope you get your desired results. Best of luck!
 

MXNonner

Registered Member
#6
The first comment I have is regarding your appeal to get "that last 10%." Just want to ensure you are tracking that with the IDES system, the percentages are determined by the VA, while unfitness is determined by the PEB. So, if you are going to have a Formal PEB, understand that the only issue to raise is whether you have additional unfitting conditions. Otherwise, you should be looking to submit a VA Rating Reconsideration Request to increase the rating or ratings for your current unfitting conditions.

The options for the formal hearing are to appear in person, to appear telephonically or via VTC, or to waive personal appearance and just have your attorney present your case with you in absentia (that is, you would not appear at all and your attorney would argue your case for you to the board).

Generally, I believe personal appearance is better if there are any factual issues in dispute that your testimony could help with convincing the board about an issue. Sometimes, there are other considerations that make personal appearance difficult or undesirable. Maybe it is pain or difficulty in traveling based on the disability, or maybe there are family issues or other reasons that make traveling to the hearing site difficult. In those cases, appearance by phone or VTC is an option to consider.

If there are no factual issues (or sometimes if the facts are so clear from the records) and the issues are purely legal in nature, then a hearing in absentia is sometimes a good option. I have had cases where I thought an appearance by the member might hurt the case, as it could present the board an opportunity to inject issues that could only hurt the member and the legal issues were so strong as to make the appearance unnecessary and perhaps detrimental to the case.

As always, the decisions must be based on the facts and circumstances of the individual case.

Hope this helped and I hope you get your desired results. Best of luck!
Yes I'm "tracking" :). My attorney is going to add my back and shoulder issues as well as my other knee as addition unfitting conditions.
 

keimee04

Registered Member
#7
The first comment I have is regarding your appeal to get "that last 10%." Just want to ensure you are tracking that with the IDES system, the percentages are determined by the VA, while unfitness is determined by the PEB. So, if you are going to have a Formal PEB, understand that the only issue to raise is whether you have additional unfitting conditions. Otherwise, you should be looking to submit a VA Rating Reconsideration Request to increase the rating or ratings for your current unfitting conditions.

The options for the formal hearing are to appear in person, to appear telephonically or via VTC, or to waive personal appearance and just have your attorney present your case with you in absentia (that is, you would not appear at all and your attorney would argue your case for you to the board).

Generally, I believe personal appearance is better if there are any factual issues in dispute that your testimony could help with convincing the board about an issue. Sometimes, there are other considerations that make personal appearance difficult or undesirable. Maybe it is pain or difficulty in traveling based on the disability, or maybe there are family issues or other reasons that make traveling to the hearing site difficult. In those cases, appearance by phone or VTC is an option to consider.

If there are no factual issues (or sometimes if the facts are so clear from the records) and the issues are purely legal in nature, then a hearing in absentia is sometimes a good option. I have had cases where I thought an appearance by the member might hurt the case, as it could present the board an opportunity to inject issues that could only hurt the member and the legal issues were so strong as to make the appearance unnecessary and perhaps detrimental to the case.

As always, the decisions must be based on the facts and circumstances of the individual case.

Hope this helped and I hope you get your desired results. Best of luck!


Mr. Perry,

My formal board appearance is April 20th. I received 20% also, and we appealed because we have additional evidence since the initial findings. I signed my 199 and stated I did not want a VAAR initially, but of course, now I believe that we need to pursue one. I'm being told that I would need to do that "after" the formal board now. It makes sense to me that we would do that prior to the board appearance, so that if the VA raises their percentage, the PEB may do the same? Any insight or guidance on this? Thanks in advance.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#8
keimee04,

I will try to answer your questions the best I can. However, understand that my input is limited by what I know about your case (which is just based on what you have stated). More facts or knowledge about your issue might change my input. I also have some questions.

My formal board appearance is April 20th. I received 20% also, and we appealed because we have additional evidence since the initial findings.
What are you appealing and what do you have additional evidence about? Is it for the argument for additional conditions being unfitting? Or, is it evidence about the severity and rating for your unfitting conditions?

I signed my 199 and stated I did not want a VAAR initially, but of course, now I believe that we need to pursue one. I'm being told that I would need to do that "after" the formal board now.
Normally, that is what I would advise....if there are additional conditions that might be unfitting. Generally, appeals to the PEB and APDA should be for arguing for additional unfitting conditions. VARRs are for arguing the severity and rating for the condition. The rule is that the VARR is a "one time reconsideration" of the VA rating within the IDES process. Therefore, if there are additional conditions that may be unfitting, it makes sense to pursue those arguments before submitting a VARR.
It makes sense to me that we would do that prior to the board appearance, so that if the VA raises their percentage, the PEB may do the same?
See above. Generally, I believe the best course is to pursue all avenues (FPEB, APDA appeal) before submitting a VARR. However, if your issue is just with the VA assigned rating and not the fit/unift determination, then, perhaps the VARR is the better option over the FPEB or APDA appeal is the fitness issue in not your concern.

Would really need some clarification about your issues and concerns to add more input. I hope this was helpful and that you get your desired outcome. Best of luck!
 

keimee04

Registered Member
#9
keimee04,

I will try to answer your questions the best I can. However, understand that my input is limited by what I know about your case (which is just based on what you have stated). More facts or knowledge about your issue might change my input. I also have some questions.


What are you appealing and what do you have additional evidence about? Is it for the argument for additional conditions being unfitting? Or, is it evidence about the severity and rating for your unfitting conditions?


Normally, that is what I would advise....if there are additional conditions that might be unfitting. Generally, appeals to the PEB and APDA should be for arguing for additional unfitting conditions. VARRs are for arguing the severity and rating for the condition. The rule is that the VARR is a "one time reconsideration" of the VA rating within the IDES process. Therefore, if there are additional conditions that may be unfitting, it makes sense to pursue those arguments before submitting a VARR.

See above. Generally, I believe the best course is to pursue all avenues (FPEB, APDA appeal) before submitting a VARR. However, if your issue is just with the VA assigned rating and not the fit/unift determination, then, perhaps the VARR is the better option over the FPEB or APDA appeal is the fitness issue in not your concern.

Would really need some clarification about your issues and concerns to add more input. I hope this was helpful and that you get your desired outcome. Best of luck!



First, thank you so much for responding. I know that you are extremely busy with your clients. I received 10% for my neck, and 10% for my lower back. Our appeal is that with our latest X-ray, MRI, and Nerve testing (electrical response) showing radiculopathy in my arms, that the condition should be rated more than 10%. We also asked that they find me unfit for the carpal tunnel. VA found at 50%. To give you a brief history, I sustained an injury during pre-mob in 2009 at Camp Atterbury, during a ruck march with heavy weight on our backs. My arms and hands went numb, and neck was very uncomfortable. At night, I couldn't rest because of the pain. I am still suffering from this, and use hand splints at night, neck traction unit (prescribed recently), and I am taking Mobic (prescribed recently). The VA has given me 30% for the insomnia (secondary condition caused by the lower back pain.) I really felt the military would address the secondary condition as it is directly related to the lower back pain. I feel a 30% rating is not unreasonable. Hopefully, this will answer your questions, and you can advise me of what your opinion is. Thank you again.
 

concernedwife

PEB Forum Veteran
Registered Member
#10
back to the OP,

i am not sure if you're even still with all of us or not, but my husband's FPEB is slated for 05/08 of this year. becauseof his severe migraines and inability to travel, he will be doing his telephonically. to make sure this does not negatively effect him, or their decision, his nuerologist will be drafting a letter stating why he will not be able to be present.

hope this helps
 

keimee04

Registered Member
#11
First, thank you so much for responding. I know that you are extremely busy with your clients. I received 10% for my neck, and 10% for my lower back. Our appeal is that with our latest X-ray, MRI, and Nerve testing (electrical response) showing radiculopathy in my arms, that the condition should be rated more than 10%. We also asked that they find me unfit for the carpal tunnel. VA found at 50%. To give you a brief history, I sustained an injury during pre-mob in 2009 at Camp Atterbury, during a ruck march with heavy weight on our backs. My arms and hands went numb, and neck was very uncomfortable. At night, I couldn't rest because of the pain. I am still suffering from this, and use hand splints at night, neck traction unit (prescribed recently), and I am taking Mobic (prescribed recently). The VA has given me 30% for the insomnia (secondary condition caused by the lower back pain.) I really felt the military would address the secondary condition as it is directly related to the lower back pain. I feel a 30% rating is not unreasonable. Hopefully, this will answer your questions, and you can advise me of what your opinion is. Thank you again.
First, thank you so much for responding. I know that you are extremely busy with your clients. I received 10% for my neck, and 10% for my lower back. Our appeal is that with our latest X-ray, MRI, and Nerve testing (electrical response) showing radiculopathy in my arms, that the condition should be rated more than 10%. We also asked that they find me unfit for the carpal tunnel. VA found at 50%. To give you a brief history, I sustained an injury during pre-mob in 2009 at Camp Atterbury, during a ruck march with heavy weight on our backs. My arms and hands went numb, and neck was very uncomfortable. At night, I couldn't rest because of the pain. I am still suffering from this, and use hand splints at night, neck traction unit (prescribed recently), and I am taking Mobic (prescribed recently). The VA has given me 30% for the insomnia (secondary condition caused by the lower back pain.) I really felt the military would address the secondary condition as it is directly related to the lower back pain. I feel a 30% rating is not unreasonable. Hopefully, this will answer your questions, and you can advise me of what your opinion is. Thank you again.


Jason,

Do you have any other input with this additional information on my situation? Thank you in advance.
 

brianmatt31

PEB Forum Veteran
Registered Member
#12
Hi all. Instead of starting a new post I thought I'd just add to this one. Since Sep 2016 I've been in IDES fighting with Camp Atterbury the whole time. Currently I'm at the Formal Board but in conversation with my legal counsel in DC last week she told me that if I came to the board in person they was likely to take away my Diabetes "unfit" since I have it in control with two separate meds although the PEB listed it as unfit in July and listed out the concerns they had that made it unfit. I thought that it was weird that she'd say if I didn't appear, meaning cancel my board appearance that we would be able to keep my Diabetes as unfit but if I came they would take it away. I just thought that was funny and weird but I do trust my lawyer. Thanks to this sight and everyone's insight from their experiences I have detailed information to help me trust the things she says. Thanks again all!
 
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