Physical Evaluation Board Forum

HAPPY NEW YEAR 2024!!
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Here's wishing everyone a Happy New Year!! I am looking forward to an exciting year, both personally, and for the PEB FORUM! I will be posting several updates soon about emerging issues with the Military DES! I have recently grappled with a few cases concerning the use of "negative evidence" (the MEBs/PEBs/BCMRs claiming that there is insufficient evidence on a point, when case law in the Federal Circuit limits the use of negative evidence), incomplete and inaccurate MEBs that the PEBs use to justify lowball ratings, the failure to revise profiles after the VA exams and ratings indicate a high degree of disability, and several other issues of interest to those in the DES/IDES! I hope all are enjoying a relaxing and peaceful holiday and I look forward to seeing you here in the New Year!!
Looking ahead to impact of a Federal Government Shutdown
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It's looking more certain that a shutdown will happen. I wanted to share what I know. I just read this from a Military Times article: "Navy leaders said that all physical evaluation board processes for sailors and Marines will be paused until the shutdown is resolved." I suspect that this will be the case DoD-wide. I have recently noticed a much higher number of civilians sitting on Army boards (two boards over the past month that I have gone to have had two out of three board members who were civilians, including the Presiding Officer). I spoke with a PEBLO yesterday who mentioned that he would be required to work without pay during the shutdown. I don't know if that is going to be the case for all PEBLOs, but it's a possibility. I also spoke with a Department of Justice...

Memorial Day 2023

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I hope everyone has taken a moment to reflect on the sacrifices of our Brothers and Sisters who have given the ultimate sacrifice in military service to our Great Nation. I also hope that you all have enjoyed the day. To me, the day is best served by taking time to honor the fallen and also to enjoy what their service has given us- the Freedom that we enjoy and the fruits of a country that allows us so much. Godspeed fallen warriors. Your service is never forgotten! I will be posting more in the near future about initiatives to help Wounded Warriors and to fix the problems they so often face. Memorial-Day-Wreath.jpg

Veterans can now access their disability benefit decisions online

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Veterans can now access their disability benefit claim decision notice letters electronically on VA.gov, empowering them to quickly and easily see their disability decisions. Continue reading...

Remember the Golden Rule

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Selected text written by Jason Perry a few years ago. A revival of his post is warranted due to a few isolated incidents. The bottom line: No one is superior to another on this board (Jason is the owner of course). This is applicable to all categories of members, moderators and visitors/regular members alike. Having a unique expertise does not give one the right to belittle others. If you receive information which you think is wrong, say so without insulting the person (a volunteer) who went to the trouble of providing an answer. RonG, Moderator cc: @Jason Perry @chaplaincharlie @Provis @Guardguy11 @RetiredColonel-MikeT @oddpedestrian
Haven't followed this thread and this is my first look at it. So, my comments or views may not encompass all that has gone on and I may be missing context that said, here are a few...

Disability Severance Pay?

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I just wanted to start a new thread on disability severance pay and how it works as it seems many people on here have questions about it, including me, but aren’t getting solid answers. Please provide any input you have on this topic to help others out. What I know about it is you should receive it somewhere around 20 business days after your separation date. If you were rated at 0% for your referred condition they won’t recoup any of the severance pay and I believe I’ve heard of your rates 100% by the VA they won’t recoup any of it either, correct me if I’m wrong. You also won’t be taxed on it if your referred condition is combat related or if you are receiving any monthly compensation from the VA. It is otherwise taxed at 22% Federal tax. If your severance pay is taxed you can receive a refund from DFAS by submitting a claim online at https://www.DFAS.mail/debt and claims/submit claim.html To submit a refund claim you will need your DD214 (member copy 4), The entire...
Recoupment and Taxes? Disability Severance Pay.

Account (un)suspended

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Apologies, folks! You may have noticed that on attempting to log in today, there was an "Account Suspended" notice. To clarify, that was my hosting account. I had missed the hosting invoice and they suspended the account which was cleared up when I saw the suspension notice and then paid the hosting bill. We are all now Un-Suspended!

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