found fit for duty - now contesting - help?

i have typed it out so many times, hoping to get responses but have had zero luck. hopefully this will be the place for me to be.

husband was referred to MEB late october 2017 and all paperwork was submitted two weeks ago. MEB for severe migraines prostrating 5-6 times a week for past seven years. [VA list is a laundry list, including CPAP machine and sleep apnea, BP issues, hearing loss, etc]

got a call monday saying his findings and ratings were in, so yesterday he went and they told him he was found FIT.

when they asked the DOD why he was found FIT, they copied and pasted his chief's four sentence statement.

his chief's statement was more or less my husband's latest eval - which of course is extremely positive.

when my husband went into work, his chief asked how it all went. my husband showed him why they found him FIT, and pointed to the statement the MEB made - and his chief openly admitted that he had misread what they were asking for, and that he had screwed up. the MEB asked how the migraines had negatively effected the sailor at his job, but instead the chief thought [i am assuming?] they were asking what kind of sailor he was.

anyway - we are contesting this. all of his medical records, statements, etc say he is unfit. some of our concerns, and maybe someone can help us:

we have now worked with three different PEBLOs. we were told we would just work with the one, and instead we are getting thrown from one person to the next - which has not made this whole thing easy at all.

the lawyer we were assigned to has not contacted us for counsel and it has been almost 48 hours. this lawyer isn't even in the same state as us and refuses to give her phone number out to her clients. we have asked numerous times, and everyone continues to tell us the same thing, over and over - no phone calls to her - only email. we have TEN DAYS to get this stuff together, and we have no idea what to get together because she has yet to counsel us.keep in mind three of those days is a three day weekend coming up - which means we don't even have ten days to get this done... is there anything we can do about this?

even if his chief and command make new statements, will this even have any weight for a new medboard?

what are some things we can include that would help? a statement from me, as his spouse?

past co-workers that have seen him go through this for years? current co-workers statements?

we both feel we have been given the short end of the stick when it comes to who has been helping us with this [PEBLO, lawyer] so we are in high hopes to get information from you all. i know this isn't the norm, but it's what we need to do. if they will not fight for my husband, i will. i cannot see him like this anymore.

thank you, everyone!
 
small update: my husband had to sign a HIPAA form for the lawyer last week [monday] and also had to send him some other stuff along with impressive photos. the lawyer seems to feel that he will be just fine doing the FPEB over the phone.

we have two weeks before this happens, but the lawyer said that is plenty of time. i think my husband's anxiety is starting to get the best of him, and mine as well. we had to call the nuerologist today to make sure that he is able to speak with the lawyer and we seem to have a little bit of a snag there because we were told by the receptionist that the nuero won't just speak to anyone. sigh. so, right now, we are trying to get that all squared away to make sure that everyone is on the right page so that the lawyer is able to speak to him.

hoping to bring this thread some good news in the upcoming days. we sure could use some. :)
 
update:

FPEB is on tuesday and the lawyer called today where he spoke to my husband and prepped him for the FPEB. there's one document he requested, so my husband is getting that for him on monday during his appointment with his neurologist. the lawyer was very nice and once again informative. trying to take the time this weekend to not focus on this whole process in all honesty. thanks for all those who have taken the time to listen. will update after the FPEB is over tuesday morning.
 
update:

husband had his FPEB 9 MAY 2018 and we've still not heard any word back as to what his finding was - not even a FIT/UNFIT finding; which we have been told is sort of normal. hoping to hear something back by this week or the following. it's been a welcomed break from all the legal "stuff" and paperwork, emails, phone calls, worrying, etc.

his FPEB went fairly well - one of the people on the board "grilled him" but they were extremely polite about it. they asked tough questions regarding how he has excelled so well, yet apparently suffers as much as he and [most importantly] his doctors have documented. it has become evident, throughout this process, that you must begin to slack off within your career for people to assess your pain or suffering. at least in his case, that has been made clear throughout this entire process.

will continue to update once we hear something - but just wanted to keep this thread updated as much as possible for those who may come across it in later months or even years.
 
just wanted to update...again

husband's findings came back last week - another finding of FIT.

we received the FPEB's rationale. we are sending in a PFR [petition for rationale] and working with the lawyer with that now. he added his notes from the rationale where he felt they were cherry picking and even falsified some of their "evidence" as to why they found him FIT.

once he is done with all of that, will update here.
 
updating again.

petition for relief was submitted on the 20th june - no word back yet [normal] but hoping he is found UNFIT. his migraines have started to come back pretty severe as well, which he is making an appointment with his neurologist on monday when he goes back into work - kind of disheartening that the botox is starting to not even work for the amount of time it's supposed to.

will update once we hear something back.
 
i have typed it out so many times, hoping to get responses but have had zero luck. hopefully this will be the place for me to be.

husband was referred to MEB late october 2017 and all paperwork was submitted two weeks ago. MEB for severe migraines prostrating 5-6 times a week for past seven years. [VA list is a laundry list, including CPAP machine and sleep apnea, BP issues, hearing loss, etc]

got a call monday saying his findings and ratings were in, so yesterday he went and they told him he was found FIT.

when they asked the DOD why he was found FIT, they copied and pasted his chief's four sentence statement.

his chief's statement was more or less my husband's latest eval - which of course is extremely positive.

when my husband went into work, his chief asked how it all went. my husband showed him why they found him FIT, and pointed to the statement the MEB made - and his chief openly admitted that he had misread what they were asking for, and that he had screwed up. the MEB asked how the migraines had negatively effected the sailor at his job, but instead the chief thought [i am assuming?] they were asking what kind of sailor he was.

anyway - we are contesting this. all of his medical records, statements, etc say he is unfit. some of our concerns, and maybe someone can help us:

we have now worked with three different PEBLOs. we were told we would just work with the one, and instead we are getting thrown from one person to the next - which has not made this whole thing easy at all.

the lawyer we were assigned to has not contacted us for counsel and it has been almost 48 hours. this lawyer isn't even in the same state as us and refuses to give her phone number out to her clients. we have asked numerous times, and everyone continues to tell us the same thing, over and over - no phone calls to her - only email. we have TEN DAYS to get this stuff together, and we have no idea what to get together because she has yet to counsel us.keep in mind three of those days is a three day weekend coming up - which means we don't even have ten days to get this done... is there anything we can do about this?

even if his chief and command make new statements, will this even have any weight for a new medboard?

what are some things we can include that would help? a statement from me, as his spouse?

past co-workers that have seen him go through this for years? current co-workers statements?

we both feel we have been given the short end of the stick when it comes to who has been helping us with this [PEBLO, lawyer] so we are in high hopes to get information from you all. i know this isn't the norm, but it's what we need to do. if they will not fight for my husband, i will. i cannot see him like this anymore.

thank you, everyone!
Hi,
I know it’s been 3 years later, but I am currently going through the exact same situation. What makes it worse is they won’t let him come home or leave base. He is stuck there. We just got findings today that he is fit which makes absolutely no sense. His PEBLO also quit. I am not sure if you are still active on here, but how did it turn out?
 
Hi,
I know it’s been 3 years later, but I am currently going through the exact same situation. What makes it worse is they won’t let him come home or leave base. He is stuck there. We just got findings today that he is fit which makes absolutely no sense. His PEBLO also quit. I am not sure if you are still active on here, but how did it turn out?
Hopefully you get the answers you're looking for. I'm not versed on what to do in the event you want to challenge the findings but I'm positive there are some people on here who can help.
 
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