found fit for duty - now contesting - help?

concernedwife

PEB Forum Veteran
Registered Member
#21
wanted to post another update: we tried for the past few days to just rest and not fret over every thing, so this weekend was nice as well as this past monday being a holiday. the lawyer called us today three times to let us know she was, yet again, running behind and would get back to us when she could. we have two days to get this stuff submitted to request a FPEB and she finally called us at the end of the evening. she spent an hour on the phone with us and didn't let my husband get a word in edgewise. at the very end, he told her he had some questions for her and she let him know that she had 12 people waiting at her home for her, and that she was already an hour and a half late getting out the door. the template that my husband needs to give to his command so they can amend their statement will not be sent to him until thursday evening around 6-7pm she said. we have to submit every thing by friday morning at 0900.

to say this has been one of the most trying times in our life and marriage would be an absolute understatement.

my husband's command is working on a new statement for him and he received a letter from his neurologist stating that he disagrees with the finding of fit. he also has three statements from people at his command [co-workers/shipmates] and i also composed a statement as well. we also have new medical 'evidence' to submit where he was taken to the hospital for losing his sight - i noticed that this was missing from his file of medical records submitted to the PEB for his first review.

i'm not sure he will get a FPEB, and the lawyer doesn't seem to care if i am being honest. i understand my husband is one of many to have to go through this, but we have been dealt quite the hand when it comes to things going against him, rather than for him. he loves his job. i see this and know this. but the added stressors of the military have truly effected his migraines and mental state these last few years - especially since this MEB process began. prayers are welcome. again, even if nobody reads this - i at least want to have a timeline of our situation laid out.
 

concernedwife

PEB Forum Veteran
Registered Member
#24
new update:

husband submitted his request for a FPEB this morning at 0900. we finally got the paperwork we needed from the lawyer last night at 1930 - we weren't very happy about how down to the line we were with every thing. [can we request a new lawyer if this goes to an actual hearing? no way would we trust this with this lawyer]

things we submitted:

new statement from the command
statement from four co-workers
statement from me, his wife
statement from neurologist stating he politely disagrees with their finding of fit

if anyone could help me understand something, i would greatly appreciate it: if they do grant a FPEB, does that mean my husband has to go appear before the board? or do they sometimes just say you are still FIT and/or just reverse their decision and give ratings at that time? we are confused on that part.

thank you
 

concernedwife

PEB Forum Veteran
Registered Member
#25
one of my biggest pet peeves is when i go to a thread to find updates on someone's situation and not finding them, so here is ours:

husband has been calling the PEBLO for two weeks with no response. he has been unable to just go in and show up because he and another SM are the only ones in the office this week. either way, i got a phone number to the medboards from the page here and he called - he was APPROVED for a FPEB, so he is happy about that.

the person he spoke with said that it's in the scheduling period at this time, and he should be hearing from his PEBLO within the next couple of weeks.

will keep this post updated as we hear more.
 

concernedwife

PEB Forum Veteran
Registered Member
#26
another update:

never heard anything from the PEBLO, so we wound up calling yesterday. he admitted that his FPEB was approved and that he has to come in tomorrow [thursday] for the date and to go over every thing.

will update once the appointment is over tomorrow.
 

concernedwife

PEB Forum Veteran
Registered Member
#27
update: husband met with the PEBLO, his FPEB is scheduled for May 8, 2018 and he is currently trying to get a hold of the JAG office there to see who he is assigned to, lawyer wise.
 

SSGHooah

PEB Forum Veteran
Registered Member
#28
update: husband met with the PEBLO, his FPEB is scheduled for May 8, 2018 and he is currently trying to get a hold of the JAG office there to see who he is assigned to, lawyer wise.
My goodness... So sorry that you both are going through this. I hope all works out with everything!
 

Alexis Rain

Registered Member
#29
How does he your hubs have prostrating headaches almost every day for seven years and his command/providers haven’t boarded him? I always thought the navy treated sailors better than the army and care about their people. I feel for your guy. I have seen that kind of stuff happen in the Army too many times.
 

concernedwife

PEB Forum Veteran
Registered Member
#31
How does he your hubs have prostrating headaches almost every day for seven years and his command/providers haven’t boarded him? I always thought the navy treated sailors better than the army and care about their people. I feel for your guy. I have seen that kind of stuff happen in the Army too many times.
he has them 4-6 times a week, not every day. they were at their worst when he was on deployment, and he went to the "doc" on board, so not sure why this is just now coming up over the past two years to medboard him. probably because he's finally on shore duty and has been able to seek help with it. when he was on the ship, he was always gone on deployments, work ups, underways, etc. now he has a little more time to be available to seek medical help.
 

concernedwife

PEB Forum Veteran
Registered Member
#33
just wanting to keep this thread updated:

still no word on who his lawyer is, and his FPEB is in three weeks. he has called several times a day every day during the week with no luck and leaving messages every day. i have also called three times a day from home and have left messages - no response. we are now coming up on 16 days of this.

since not hearing who his lawyer is, we have called his PEBLO every day as well with no response from him. finally, i made a call to the supervisor of the PEBLOs and they said they would call us back on friday at 11am to let us know who he is assigned to. we didn't get the call back, so we called her again and she said she was unable to find out.

husband wound up having to take 7 of his leave days to stay home this coming week because 1. his migraines are flaring up pretty intensely and 2. so he can be by the phone all day in case he gets a call back about his lawyer.

this process is absolutely infuriating - just saying.
 

Underbalanced

Registered Member
#34
He will get a FPEB
Not always? I was denied FPEB; they did not even let the DIRNCORB deny it. Instead they denied it at the PEB when they are only suppose to recommend denial.

I put my story up in the IPEB Section about this.

just wanting to keep this thread updated:

still no word on who his lawyer is, and his FPEB is in three weeks. he has called several times a day every day during the week with no luck and leaving messages every day. i have also called three times a day from home and have left messages - no response. we are now coming up on 16 days of this.

since not hearing who his lawyer is, we have called his PEBLO every day as well with no response from him. finally, i made a call to the supervisor of the PEBLOs and they said they would call us back on friday at 11am to let us know who he is assigned to. we didn't get the call back, so we called her again and she said she was unable to find out.

husband wound up having to take 7 of his leave days to stay home this coming week because 1. his migraines are flaring up pretty intensely and 2. so he can be by the phone all day in case he gets a call back about his lawyer.

this process is absolutely infuriating - just saying.
Ouch. I do not have migraines but have a similar action with my colon and Irritable Bowel Syndrome - D/P. It sucks battling the work side in trying to take care of the medical issue and time out. I spend a good portion of my mornings out of work. That stress/anxiety adds to the stress/anxiety already had by the condition on top of the work stress/anxiety + new stress and anxiety for always being out. Hopefully soon he is able to be free and unconstrained and able to heal.
 

concernedwife

PEB Forum Veteran
Registered Member
#35
underbalanced, i hate that you were denied a FPEB immediately - makes no sense to me.

my husband has hemmerhoids VERY badly, so he can understand SOME of what you are going through - that is something he claimed on the VA side, if it even gets that far
 

c0ncernedwife

Registered Member
#37
one more update - i have lost my login credentials - who can i have help me with that? for some reason, google deleted my email [i used an old email for "spam" stuff] i messaged a staff member and was told they are unable to help. would @Jason Perry be able to help me with this? :(
 

oddpedestrian

PEB Forum Veteran
Registered Member
#38
Hello, I also had the problems you are facing with trying to get an unfit finding for migraines I got it anyway with PTSD but initially fought them on getting migraines added as well. What I learned is that migraines are for the most part only substantiated with self-reports then actual medical evidence. His treatment needs to match his statements so for me I was prescribed a Cefaly, Topamax, Sumatriptan, and Phenergan for vomiting. Also, I had shot treatments at urgent care for Demerol and they will write you out of work for a day or two. This is the medical evidence you need to overwhelm the board to support your case, consider your self-reports worthless when dealing with migraines. Before I left service the VA gave me 0% for migraines but said it prevented me from working....um...OK six months later I got 30% now I'm requesting 50%. Also, my work performance was so terrible I wasn't even on speaking terms with my leadership.
 

concernedwife

PEB Forum Veteran
Registered Member
#40
Hello, I also had the problems you are facing with trying to get an unfit finding for migraines I got it anyway with PTSD but initially fought them on getting migraines added as well. What I learned is that migraines are for the most part only substantiated with self-reports then actual medical evidence. His treatment needs to match his statements so for me I was prescribed a Cefaly, Topamax, Sumatriptan, and Phenergan for vomiting. Also, I had shot treatments at urgent care for Demerol and they will write you out of work for a day or two. This is the medical evidence you need to overwhelm the board to support your case, consider your self-reports worthless when dealing with migraines. Before I left service the VA gave me 0% for migraines but said it prevented me from working....um...OK six months later I got 30% now I'm requesting 50%. Also, my work performance was so terrible I wasn't even on speaking terms with my leadership.
i certainly hope my husband receives higher than 0% for migraines through the VA, considering this was his referring condition for the IPEB as well as the FPEB. when it comes to the dod, we are weird in that we aren't looking for a high rating - he honestly just wants to be able to put his health first; we would be fine with a severance. but i also know that these things are just so touch and go, and vary from person to person. i appreciate all of your input, and it sounds like we have every thing we need based off of what you've told me here as well as what the lawyer has told us, too. keep us posted on how the request goes for 50%
 
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