MOA between APDA/MEDCOM: Interim Guidance Timeliness of MEB info provided to PEB

MOA between APDA/MEDCOM: Interim Guidance Timeliness of MEB info provided to PEB Dec 2007

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This Memorandum of Agreement between the USAPDA and MEDCOM states as follows:

"(3) Ensure that the medical examination referred to in AR 40-400, paragraph 7-10a, will in no case be older than 6 months from the date of referral of the MEB to the PEB. Two exceptions are cited below:
(a) Exception #1: If the medical examination is older than 6 months, but the Soldier's condition has not changed between the time of the original medical examination and the date of referral to the PES, as determined by competent medical authority, a statement to that effect may be appended to the examination report to "update" the examination. Additionally, the Soldier must sign an affirmative statement that the condition has not become worse or better since the most recent examination.
(b) Exception #2: Medical data that confirms a stable or chronic medical
condition need not be repeated no matter what the age of the data, so long as there has been no significant change in the medical condition and that fact is indicated in the Narrative Summary (NARSUM)."

Note that this is a MOA- therefore, it is somewhat unclear what effect in law a violation would have. I suspect, based on the language and what I have seen as the agencies adhering to it, that it would be binding. Also, note, it is "effective on the date of final signature by all parties and will remain in effect until rescinded." I have not seen any rescission and believe that it is still in effect currently.
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Jason Perry
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