quick back story/timeline:
husband suffers from severe migraines alongside other things [other things are on VA list]
neurologist refers him to MEB
MEB finds him FIT 5 days after submitting all paperwork
husband and everyone/doctors disagrees, we contested it
husband was assigned to lawyer to appeal for a FPEB
lawyer has him submit NMA and new non medical evidence so he could be granted a FPEB [new command statements, a statement from me, neuro wrote statement, coworkers wrote statement]
he was then granted a FPEB for may 8th
assigned to a JAG lawyer in DC
husband lets them know he cannot attend FPEB in person due to migraines being worse when traveling [passenger and driver]
lawyer says he has every thing he needs, and will speak to us may 2 to go over things for the board
assures us we have plenty of time
okay, so there you have it. now to get to what is concerning to us. hoping someone has either gone through this as well OR at least has some insight for us:
when my husband was found FIT, he contested this finding and wanted to be granted a FPEB. they granted him the FPEB and assigned him to a lawyer. he spoke with him and he told us that he has every thing he needs, including his medical records, etc.
yesterday, my husband emails him to see if they were still planning to speak this week, since his FPEB is on tuesday of next week and he felt the time crunch was starting to hit. the lawyer called him last night and we are VERY concerned with the things he told us...
he told us that he needs new medical evidence and new non medical evidence as well for the board. here's the thing - we already submitted that to him. he is confusing us because the first time we spoke, he stated that he had all of those things [he even mentioned having read my statement addressing the board] and apparently he now doesn't have any of it. and if he does, he is now asking for more. i am not sure what else i could say that i didn't already say in my statement. i don't know what else his command could say, coworkers could say, neurologist could say......that isn't already stated in the statements they composed for the first lawyer who said she needed those things in order to try and get him granted a FPEB.
i am so lost right now, as is my husband. my husband had to walk through fire to get these statements within 10 days to even request a FPEB and now we are being told that he needs more. my husband began to get frustrated on the phone slightly and tried his hardest to let the lawyer know that he feels there is a disconnect somewhere, and he wants to make sure that the lawyer truly does need something other than what he already has - because these are the things that he has asked for.
the lawyer also asked to speak with the neurologist two weeks ago and wanted us to send that to the neurologist AND him - so my husband had to sign a HIPAA form and even reached out to the neurologist and gave him the lawyer's number. the neurologist reached out to the lawyer that same day and the lawyer is claiming he never did. the lawyer said the only thing he has from the neurologist is a statement from the very beginning of his MEB process which says WHY the neurologist feels the MEB is necessary. the lawyer then tells us that we shouldn't have sent the HIPAA form back to him after it was signed, just the neurologist - although it's plain as day in the email he sent us asking us to do just that. it just feels like the lawyer doesn't know what he wants, or he doesn't remember the things he has asked of us, even though it's right there in the email in black and white.
we are so confused right now. this entire process has caused nothing but strife, anxiety, MIGRAINES for him......it's been taxing. [woe is me, i know]
we sent the lawyer the statements again last night and asked him to please get back to us today to let us know if there was something else he needed, because we have ZERO time to do this.
any advice?
husband suffers from severe migraines alongside other things [other things are on VA list]
neurologist refers him to MEB
MEB finds him FIT 5 days after submitting all paperwork
husband and everyone/doctors disagrees, we contested it
husband was assigned to lawyer to appeal for a FPEB
lawyer has him submit NMA and new non medical evidence so he could be granted a FPEB [new command statements, a statement from me, neuro wrote statement, coworkers wrote statement]
he was then granted a FPEB for may 8th
assigned to a JAG lawyer in DC
husband lets them know he cannot attend FPEB in person due to migraines being worse when traveling [passenger and driver]
lawyer says he has every thing he needs, and will speak to us may 2 to go over things for the board
assures us we have plenty of time
okay, so there you have it. now to get to what is concerning to us. hoping someone has either gone through this as well OR at least has some insight for us:
when my husband was found FIT, he contested this finding and wanted to be granted a FPEB. they granted him the FPEB and assigned him to a lawyer. he spoke with him and he told us that he has every thing he needs, including his medical records, etc.
yesterday, my husband emails him to see if they were still planning to speak this week, since his FPEB is on tuesday of next week and he felt the time crunch was starting to hit. the lawyer called him last night and we are VERY concerned with the things he told us...
he told us that he needs new medical evidence and new non medical evidence as well for the board. here's the thing - we already submitted that to him. he is confusing us because the first time we spoke, he stated that he had all of those things [he even mentioned having read my statement addressing the board] and apparently he now doesn't have any of it. and if he does, he is now asking for more. i am not sure what else i could say that i didn't already say in my statement. i don't know what else his command could say, coworkers could say, neurologist could say......that isn't already stated in the statements they composed for the first lawyer who said she needed those things in order to try and get him granted a FPEB.
i am so lost right now, as is my husband. my husband had to walk through fire to get these statements within 10 days to even request a FPEB and now we are being told that he needs more. my husband began to get frustrated on the phone slightly and tried his hardest to let the lawyer know that he feels there is a disconnect somewhere, and he wants to make sure that the lawyer truly does need something other than what he already has - because these are the things that he has asked for.
the lawyer also asked to speak with the neurologist two weeks ago and wanted us to send that to the neurologist AND him - so my husband had to sign a HIPAA form and even reached out to the neurologist and gave him the lawyer's number. the neurologist reached out to the lawyer that same day and the lawyer is claiming he never did. the lawyer said the only thing he has from the neurologist is a statement from the very beginning of his MEB process which says WHY the neurologist feels the MEB is necessary. the lawyer then tells us that we shouldn't have sent the HIPAA form back to him after it was signed, just the neurologist - although it's plain as day in the email he sent us asking us to do just that. it just feels like the lawyer doesn't know what he wants, or he doesn't remember the things he has asked of us, even though it's right there in the email in black and white.
we are so confused right now. this entire process has caused nothing but strife, anxiety, MIGRAINES for him......it's been taxing. [woe is me, i know]
we sent the lawyer the statements again last night and asked him to please get back to us today to let us know if there was something else he needed, because we have ZERO time to do this.
any advice?