Formal PEB Hearing?

txaggie9

PEB Forum Regular Member
Registered Member
My husband has been in over 6 years now (his 7 year mark is in this upcoming July) and he was given the informal PEB hearing results. They only rated him 10% for the Army without his bilateral shoulders findings from his ortho and now he wants to request a formal PEB hearing. The VA ratings were fine for him. Unfortunately he hasn't heard back from his PEBLO whatsoever.

What can he do?? Also he's in a star MOS (35F) and he was "told" by his friend that he would be promoted upon retirement but he's not promotable status right now (hasn't done an APFT at all since 2011). He said he would fight the Army's ratings in order to get retirement but is it worth it? Would they have to extend him??

Also, even though he initiated the MEB/PEB process and he can't be retained due to his back issues, could he have a possibility of staying in due to his MOS being a star MOS??

Sorry if I'm asking so many questions...just need some answers due to my own career situation in limbo right now....
 

Sascha Roberson

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PEB Forum Veteran
Registered Member
My husband has been in over 6 years now (his 7 year mark is in this upcoming July) and he was given the informal PEB hearing results. They only rated him 10% for the Army without his bilateral shoulders findings from his ortho and now he wants to request a formal PEB hearing. The VA ratings were fine for him. Unfortunately he hasn't heard back from his PEBLO whatsoever.

What can he do?? Also he's in a star MOS (35F) and he was "told" by his friend that he would be promoted upon retirement but he's not promotable status right now (hasn't done an APFT at all since 2011). He said he would fight the Army's ratings in order to get retirement but is it worth it? Would they have to extend him??

Also, even though he initiated the MEB/PEB process and he can't be retained due to his back issues, could he have a possibility of staying in due to his MOS being a star MOS??

Sorry if I'm asking so many questions...just need some answers due to my own career situation in limbo right now....

A couple of things to clarify. The Army did not give him a 10% rating, all ratings are done by the VA. Whatever the VA rates a referred condition that that is what the Servive branch uses for the disposition. Also, has he sought aout legal counsel? Very important to speak with them as they will be able to tell him if he should appeal or not.

With the military drawdown the way it is, unless someone has 15+ years of service than more than likely your husband won't be retained.

What were the unfitting/referred condition(s)?
 

txaggie9

PEB Forum Regular Member
Registered Member
No, he really hasn't done much but wait for someone to call him....he sought legal counsel when he began the process but that's it..

Yet Ft. Huachuca keeps sending him e-mails to become a civilian instructor there, lol. Oh well, at least I asked.

Army:
herniated disc (L5-S1) on his spine along with mild scoliosis
bilateral shoulder issues (don't remember the details)

VA:
Sleep apnea
Exercise induced asthma (was at JBB with burn pits)
Knee issues (has injections under the knee)
Anxiety disorder (not diagnosed with PTSD because he can talk about it...)
I don't know what else he has on the VA side, I can't access his copy of his MEB/PEB records right now.

We were beginning the process of getting Social Security Disability but he needed his CO's signature in order to get his copy of his medical records.
 

maparker

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PEB Forum Veteran
Registered Member
To clarify, a condition does not have to be referred to be rated by the PEB. Rather the PEB has to find the condition unfitting or contributing to unfitness. The PEB can find any condition unfitting (or contributing to unfitness) even if the condition meets retention standards. The issue is what conditions are unfitting or contribute to unfitness. If the VA ratings are correct, you need to demonstrate at the formal board that more conditions impacts his fitness.

Mike
 

Warrior644

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Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
My husband has been in over 6 years now (his 7 year mark is in this upcoming July) and he was given the informal PEB hearing results. They only rated him 10% for the Army without his bilateral shoulders findings from his ortho and now he wants to request a formal PEB hearing. The VA ratings were fine for him. Unfortunately he hasn't heard back from his PEBLO whatsoever.

What can he do?? Also he's in a star MOS (35F) and he was "told" by his friend that he would be promoted upon retirement but he's not promotable status right now (hasn't done an APFT at all since 2011). He said he would fight the Army's ratings in order to get retirement but is it worth it? Would they have to extend him??

Also, even though he initiated the MEB/PEB process and he can't be retained due to his back issues, could he have a possibility of staying in due to his MOS being a star MOS??

Sorry if I'm asking so many questions...just need some answers due to my own career situation in limbo right now....
No, he really hasn't done much but wait for someone to call him....he sought legal counsel when he began the process but that's it..

Yet Ft. Huachuca keeps sending him e-mails to become a civilian instructor there, lol. Oh well, at least I asked.

Army:
herniated disc (L5-S1) on his spine along with mild scoliosis
bilateral shoulder issues (don't remember the details)

VA:
Sleep apnea
Exercise induced asthma (was at JBB with burn pits)
Knee issues (has injections under the knee)
Anxiety disorder (not diagnosed with PTSD because he can talk about it...)
I don't know what else he has on the VA side, I can't access his copy of his MEB/PEB records right now.

We were beginning the process of getting Social Security Disability but he needed his CO's signature in order to get his copy of his medical records.

Welcome to the PEB Forum! :)

In my opinion, maparker provided good insight!

I have my Formal PEB hearing on 13 May 2013 and I shall ask the FPEB to determine two additional medical conditions to be unfit for continued military service; one listed on DA Form 3947 and other listed on VA Form 21-4138.

Moreover, in reference to SSA SSDI, I offer that you remain positively proactive during your interactions to secure the best solution(s) for your husband, yourself and your family.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

Warrior644

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Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
No, he really hasn't done much but wait for someone to call him....he sought legal counsel when he began the process but that's it..

Yet Ft. Huachuca keeps sending him e-mails to become a civilian instructor there, lol. Oh well, at least I asked.

Army:
herniated disc (L5-S1) on his spine along with mild scoliosis
bilateral shoulder issues (don't remember the details)

VA:
Sleep apnea
Exercise induced asthma (was at JBB with burn pits)
Knee issues (has injections under the knee)
Anxiety disorder (not diagnosed with PTSD because he can talk about it...)
I don't know what else he has on the VA side, I can't access his copy of his MEB/PEB records right now.

We were beginning the process of getting Social Security Disability but he needed his CO's signature in order to get his copy of his medical records.

Were you all successful with the submission of the SSA SSDI application; just curious?

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
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