Hello,
First of all, thanks to everyone on this forum! Without it I would be so lost, as my PEBLO definitely doesn't know anything other than how to copy/paste.
I am currently moving into the FPEB phase. Unfortunately, the IPEB found me "fit by presumption", I have seen this called PFIT in other forums here. I have talked to the MEB lawyer, who reviewed my case and didn't have much to say other than reviewing and concurring with the appeal letter that I wrote. I will try to breakdown my situation in enough detail, and hopefully this thread can confirm or help my strategy.
1. I am an officer in the Army and have been passed for promotion twice. I have received high marks on my annual evaluations (apparently evidence of PFIT) and, in many cases, have a better evaluation record than my peers that have been promoted. What I am lacking is the required Professional Military Education (PME) for my next grade. I was also designated as MRC4 during the promotion boards.
2. I have been dealing with my back injury for over 2 years now. During that time I had to cancel my PME, and have never recovered enough to meet attendance requirements.
3. In October I received notice that I was being involuntarily separated due to the 2 time no select law. This is also when my presumptive period began.
4. In November I was referred to the MEB. Fast forward to 1 April, 100% VA recommendation letter.. and after 69 days I received my PFIT 199 from the IPEB. PFIT was due to: MEB initiated after presumptive period began, high marks on evaluations.
My strategy loosely defined in my appeal letter is to show:
A. I do not meet DoDI 1332.18; as that is for retirement, as I am not retiring
B. I can overcome the presumption as defined in AR 635-40 for separation by:
a. Even though my evals received high marks; I will get letters from my past raters/senior raters/co-workers that describe my physical condition being accommodated for (as any good leader does for a Soldier they hope will recover), they will also state that if I cannot recover that I am not fit to serve as a Soldier. I then link these statements to the NARSUM saying I won't recover in a 3 year period. Lastly for letters, I will also ask my commander to update the commanders letter more in line with what the PEB needs to hear (still true, but worded in a way they might better understand).
b. I will also argue that several of my disabilities worsened and built on each other due to stress after my presumptive period began (Anxiety/PTSD, IBS, Hypertension, Tinnitus, Sleeplessness) that combined make me unfit.
I have already determined by my C&P writeups, that I will likely qualify for 58-70% DoD disability without my post presumptive period conditions. My back flexation should = 40%, and my radiculopathy should be 20-40% (depending on DRAS) with bilateral factor bumping it up to 30 or 50% respectively, then do the funky math for 40+18 or 50+20...
In short: injured > had to drop school > not promoted without school > involuntary separation without promotion = injury causing my career to end.
I have already looked into the regulations and found the items I want to focus on. What I really need is opinions based on experience if this strategy has been successful before, and what has helped in addition to these items for other people. I know that I won't get a PEB lawyer until a day before my case, so knowing what to gather while I am in limbo will be greatly appreciated.
Bonus Question: Since I will be getting out whether I am found FIT or not, will I actually have to redo my whole VA claim, possibly lose my 100% recommendation, and wait for months for the paperwork to be done again?
Thanks!
First of all, thanks to everyone on this forum! Without it I would be so lost, as my PEBLO definitely doesn't know anything other than how to copy/paste.
I am currently moving into the FPEB phase. Unfortunately, the IPEB found me "fit by presumption", I have seen this called PFIT in other forums here. I have talked to the MEB lawyer, who reviewed my case and didn't have much to say other than reviewing and concurring with the appeal letter that I wrote. I will try to breakdown my situation in enough detail, and hopefully this thread can confirm or help my strategy.
1. I am an officer in the Army and have been passed for promotion twice. I have received high marks on my annual evaluations (apparently evidence of PFIT) and, in many cases, have a better evaluation record than my peers that have been promoted. What I am lacking is the required Professional Military Education (PME) for my next grade. I was also designated as MRC4 during the promotion boards.
2. I have been dealing with my back injury for over 2 years now. During that time I had to cancel my PME, and have never recovered enough to meet attendance requirements.
3. In October I received notice that I was being involuntarily separated due to the 2 time no select law. This is also when my presumptive period began.
4. In November I was referred to the MEB. Fast forward to 1 April, 100% VA recommendation letter.. and after 69 days I received my PFIT 199 from the IPEB. PFIT was due to: MEB initiated after presumptive period began, high marks on evaluations.
My strategy loosely defined in my appeal letter is to show:
A. I do not meet DoDI 1332.18; as that is for retirement, as I am not retiring
B. I can overcome the presumption as defined in AR 635-40 for separation by:
a. Even though my evals received high marks; I will get letters from my past raters/senior raters/co-workers that describe my physical condition being accommodated for (as any good leader does for a Soldier they hope will recover), they will also state that if I cannot recover that I am not fit to serve as a Soldier. I then link these statements to the NARSUM saying I won't recover in a 3 year period. Lastly for letters, I will also ask my commander to update the commanders letter more in line with what the PEB needs to hear (still true, but worded in a way they might better understand).
b. I will also argue that several of my disabilities worsened and built on each other due to stress after my presumptive period began (Anxiety/PTSD, IBS, Hypertension, Tinnitus, Sleeplessness) that combined make me unfit.
I have already determined by my C&P writeups, that I will likely qualify for 58-70% DoD disability without my post presumptive period conditions. My back flexation should = 40%, and my radiculopathy should be 20-40% (depending on DRAS) with bilateral factor bumping it up to 30 or 50% respectively, then do the funky math for 40+18 or 50+20...
In short: injured > had to drop school > not promoted without school > involuntary separation without promotion = injury causing my career to end.
I have already looked into the regulations and found the items I want to focus on. What I really need is opinions based on experience if this strategy has been successful before, and what has helped in addition to these items for other people. I know that I won't get a PEB lawyer until a day before my case, so knowing what to gather while I am in limbo will be greatly appreciated.
Bonus Question: Since I will be getting out whether I am found FIT or not, will I actually have to redo my whole VA claim, possibly lose my 100% recommendation, and wait for months for the paperwork to be done again?
Thanks!
