So back in 2017/2018 i was referred to the meb/peb. My referral was for my back issues and i claimed a few other injuries. One such claim was for ptsd. I went through the process and the peb only rated me 20% for my unfitted condition of the back problem but tried to say my ptsd was not unfitting. The only doctor on the board was emergency medicine doctor who has no knowledge of mental health problems and she made comments of how my mental health was probably due to my long history of adhd. Fast forward to today it made its way through the abcmr to the federal claims court back down for a remand. My lawyers are arguing that they did not apply the dod 1332.18 properly nor did they apply liberal consideration since it involved ptsd. there was numerous of errors etc. What are your thoughts!
Federal Claims court
- Thread starter nwhite-1
- Start date
Remanded, but not resolved. You have a second chance, hopefully you still have an attorney.
I do. the government requested a voluntary remand back to the board.. They saw merits in the contentions and the court granted the remand. The court gave the board only 120 days to come up with an answer. My lawyers are allowed to comment on any medical advisory opinions. But i am hopeful they apply the liberal consideration and apply all of 1332.18 like they are required too. I appreciate you commenting!
I’m glad there was cooperation between your legal team and the government to give you the benefits you deserve. Hopefully the answer will not take the entire 4 months.
Hopefully not but we are near 2 months now. So we will see. My lawyers have the right to question any medical advisory opinions, and we have not heard anything yet.