How strict is the PEB when determining whether a condition is unfit?

[Essayons17]

Hi team.

I am an O-3 Finance officer currently waiting for my Formal PEB. In my IDES process, I was awarded 100% VA and 20% DoD.
However, two conditions (migraines, anxiety/depression) were not taken into consideration, which is why I appealed the case.
These conditions were rated by the VA as follows: 70% – Depression and Anxiety (no PTSD), 30% – Migraines

At this time, my commander and supervisor have submitted statements explaining how these conditions affect my work performance. My social worker has submitted my permanent profile, which is still pending approval. In addition, I have extensive evidence including treatments, medications, and hospitalizations.

My questions are:
-How strict is the FPEB in determining these conditions as unfit?
-If my permanent profile is not approved in time (it appears to be sitting unsigned for weeks), how much could that negatively affect my case?
-If I am found unfit for this conditions, will the DoD use the VA proposed ratings?
-If the FPEB determines my conditions are fit, is it worth continuing to fight the case?
I have been very close to giving up and walking away from everything.
Because of how severe this has been, my commander submitted an expedite request to the PEB, which was approved, and my FPEB was moved up by several months.
The anxiety is overwhelming, and I would really appreciate hearing from anyone who has had a similar experience.

Thanks to any awnser this

 

[Joe Shmoe]

You are entitled to legal assistance. You may want to contact them. In addition you need to review the service regulations determining unfitness. In addition to a myriad of DODDs, DODI, and applicable case law.

 

[USMCJAG]

Hi team.

I am an O-3 Finance officer currently waiting for my Formal PEB. In my IDES process, I was awarded 100% VA and 20% DoD.
However, two conditions (migraines, anxiety/depression) were not taken into consideration, which is why I appealed the case.
These conditions were rated by the VA as follows: 70% – Depression and Anxiety (no PTSD), 30% – Migraines

At this time, my commander and supervisor have submitted statements explaining how these conditions affect my work performance. My social worker has submitted my permanent profile, which is still pending approval. In addition, I have extensive evidence including treatments, medications, and hospitalizations.

My questions are:
-How strict is the FPEB in determining these conditions as unfit?
-If my permanent profile is not approved in time (it appears to be sitting unsigned for weeks), how much could that negatively affect my case?
-If I am found unfit for this conditions, will the DoD use the VA proposed ratings?
-If the FPEB determines my conditions are fit, is it worth continuing to fight the case?
I have been very close to giving up and walking away from everything.
Because of how severe this has been, my commander submitted an expedite request to the PEB, which was approved, and my FPEB was moved up by several months.
The anxiety is overwhelming, and I would really appreciate hearing from anyone who has had a similar experience.

Thanks to any awnser this

You have to directly connect the condition to the job requirements of your MOS, rank, and/or rating and demonstrate unequivocally that the condition prevents you from doing THAT job. Even then, there is ample evidence (ie: the amount of federal litigation, this forum, etc.) that PEBs can and will do whatever they jolly well want to do, the regulations and law be damned.
You need your Commander's statement to be painfully specific: each component of your job requirement must be addressed by a specific component of the condition. You also need medical statements that say the same things. A diagnosis and a list of symptoms, even horrible or graphic is NOT enough. It must be matched exactly to your job requirements.
It's not really an issue of "strictness" per se, but how much they can deny and get away with it, which is, apparently, billions.
You should definitely get an experienced PEB attorney. Keep in mind the attorney provided to you by the PEB works FOR the PEB. They'll deny that, of course, but it's true.
Good luck.

 

[Provis]

You have to directly connect the condition to the job requirements of your MOS, rank, and/or rating and demonstrate unequivocally that the condition prevents you from doing THAT job. Even then, there is ample evidence (ie: the amount of federal litigation, this forum, etc.) that PEBs can and will do whatever they jolly well want to do, the regulations and law be damned.
You need your Commander's statement to be painfully specific: each component of your job requirement must be addressed by a specific component of the condition. You also need medical statements that say the same things. A diagnosis and a list of symptoms, even horrible or graphic is NOT enough. It must be matched exactly to your job requirements.
It's not really an issue of "strictness" per se, but how much they can deny and get away with it, which is, apparently, billions.
You should definitely get an experienced PEB attorney. Keep in mind the attorney provided to you by the PEB works FOR the PEB. They'll deny that, of course, but it's true.
Good luck.

Great advice!!!

 

[Joe Shmoe]

You have to directly connect the condition to the job requirements of your MOS, rank, and/or rating and demonstrate unequivocally that the condition prevents you from doing THAT job. Even then, there is ample evidence (ie: the amount of federal litigation, this forum, etc.) that PEBs can and will do whatever they jolly well want to do, the regulations and law be damned.
You need your Commander's statement to be painfully specific: each component of your job requirement must be addressed by a specific component of the condition. You also need medical statements that say the same things. A diagnosis and a list of symptoms, even horrible or graphic is NOT enough. It must be matched exactly to your job requirements.
It's not really an issue of "strictness" per se, but how much they can deny and get away with it, which is, apparently, billions.
You should definitely get an experienced PEB attorney. Keep in mind the attorney provided to you by the PEB works FOR the PEB. They'll deny that, of course, but it's true.
Good luck.

In the Army your PEB attorney falls under the office of soldier counsel. I would hope these person do not work directly for PEB-its a conflict of interest. Unfortunately I think w assigned counsel or private counsel-I agree the PEB can do whatever they want. Its sad and when there is no rules does can good counsel really make a difference?

 

[Provis]

In the Army your PEB attorney falls under the office of soldier counsel. I would hope these person do not work directly for PEB-its a conflict of interest. Unfortunately I think w assigned counsel or private counsel-I agree the PEB can do whatever they want. Its sad and when there is no rules does can good counsel really make a difference?

From personal experience good counsel makes all the difference. There is actually a lot of gray area in all of this.