FPEB Help!!!

E

Essayons17

New Member
Registered Member
Hi , team.

I am an O-3 Finance officer currently waiting for my Formal PEB.
In my IDES process, I was awarded 100% VA and 20% DoD.
However, two conditions (migraines, anxiety, and depression) were not taken into consideration, which is why I appealed the case.
These conditions were rated by the VA as follows:
70% – Depression and Anxiety
30% – Migraines
At this time, my commander and supervisor have submitted statements explaining how these conditions affect my work performance. My social worker has submitted my permanent profile, which is still pending approval. In addition, I have extensive evidence including treatments, medications, and hospitalizations.
My questions are:
-How strict is the FPEB in determining these conditions as unfit?
-If my permanent profile is not approved in time (it appears to be sitting unsigned for weeks), how much could that negatively affect my case?
-If I am found unfit, will the DoD use the VA proposed ratings?
-If the FPEB determines my conditions are fit, is it worth continuing to fight the case?
I have been very close to giving up and walking away from everything. Because of how severe this has been, my commander submitted an expedite request, which was approved, and my FPEB was moved up by several months.
The1 anxiety is overwhelming, and I would really appreciate hearing from anyone who has had a similar experience.

Any hell will be appreciated.
 
Essayons17 said:
Hi , team.

I am an O-3 Finance officer currently waiting for my Formal PEB.
In my IDES process, I was awarded 100% VA and 20% DoD.
However, two conditions (migraines, anxiety, and depression) were not taken into consideration, which is why I appealed the case.
These conditions were rated by the VA as follows:
70% – Depression and Anxiety
30% – Migraines
At this time, my commander and supervisor have submitted statements explaining how these conditions affect my work performance. My social worker has submitted my permanent profile, which is still pending approval. In addition, I have extensive evidence including treatments, medications, and hospitalizations.
My questions are:
-How strict is the FPEB in determining these conditions as unfit?
-If my permanent profile is not approved in time (it appears to be sitting unsigned for weeks), how much could that negatively affect my case?
-If I am found unfit, will the DoD use the VA proposed ratings?
-If the FPEB determines my conditions are fit, is it worth continuing to fight the case?
I have been very close to giving up and walking away from everything. Because of how severe this has been, my commander submitted an expedite request, which was approved, and my FPEB was moved up by several months.
The1 anxiety is overwhelming, and I would really appreciate hearing from anyone who has had a similar experience.

Any hell will be appreciated.
Click to expand...
What branch are you in? That matters.

Did you wonder through the system and trust the process or have you been appealing throughout? For example, when your mental health and migraines were listed as fit in the NARSUM did you appeal at that stage? Why so late on profiles? Did you request a profile at the very beginning?

You can still win at the FPEB but just think about it from the their perspective? If you concurred along the way and then all of the sudden appeal for FPEB it looks bad. If you have been appealing from the beginning stating that you should be unfit on these additional 2 conditions then its pretty easy for them to see that you are unfit because they have to review your entire file before the FPBE hearing.

It's not too late to hire a private IDES attorney that's dedicated to your cause. I suspect that if you had hired one from the beginning of this process you wouldn't be in this very stressful situation. I will send references.

To answer your question it depends. It all depends on the strength of your argument. Statements can help. Especially if its from supervisor's saying that you can't work due to these conditions. Has JAG submitted a written rebuttal the the FPEB? You can submit one in advance of the FPEB and if they think they are going to approve you they will make the change ahead of time. So they will respond and typically make the change to your IPEB results and cancel the FPEB since they changed their mind. This step among others are go to strategies that the dedicated representation do. I am not a fan of JAG. They don't spend enough time on Soldiers cases to be as persuasive. I have seen JAG have Soldiers write up their own appeals or not mention that they can do additional steps in the process that give them extra chances to win. JAG is their to cover the military's butt so that they can say you have representation. That's not the same as having high quality legal representation. Its the same difference between hiring an all star private attorney verse having a public defender. Each have representation but the quality of the representation and the amount of time spent on your case can be vastly different.
 
Provis said:
What branch are you in? That matters.

Did you wonder through the system and trust the process or have you been appealing throughout? For example, when your mental health and migraines were listed as fit in the NARSUM did you appeal at that stage? Why so late on profiles? Did you request a profile at the very beginning?

You can still win at the FPEB but just think about it from the their perspective? If you concurred along the way and then all of the sudden appeal for FPEB it looks bad. If you have been appealing from the beginning stating that you should be unfit on these additional 2 conditions then its pretty easy for them to see that you are unfit because they have to review your entire file before the FPBE hearing.

It's not too late to hire a private IDES attorney that's dedicated to your cause. I suspect that if you had hired one from the beginning of this process you wouldn't be in this very stressful situation. I will send references.

To answer your question it depends. It all depends on the strength of your argument. Statements can help. Especially if its from supervisor's saying that you can't work due to these conditions. Has JAG submitted a written rebuttal the the FPEB? You can submit one in advance of the FPEB and if they think they are going to approve you they will make the change ahead of time. So they will respond and typically make the change to your IPEB results and cancel the FPEB since they changed their mind. This step among others are go to strategies that the dedicated representation do. I am not a fan of JAG. They don't spend enough time on Soldiers cases to be as persuasive. I have seen JAG have Soldiers write up their own appeals or not mention that they can do additional steps in the process that give them extra chances to win. JAG is their to cover the military's butt so that they can say you have representation. That's not the same as having high quality legal representation. Its the same difference between hiring an all star private attorney verse having a public defender. Each have representation but the quality of the representation and the amount of time spent on your case can be vastly different.
Click to expand...
First thanks for your response.


I am currently in the Army (active duty).
I was only referred for my shoulder, which was rated at 20%.
They did not want to consider my other conditions, and I was told that during the FPEB I could add other conditions that I believe are unfitting.
I have documentation of treatment and medications dating back to 2020 for both my migraines and my mental health conditions.
The Trial JAG is very busy due to understaffing, and the same applies to the PEBLO. I was told they would contact me approximately 15 days before my hearing.
Everyone has recommended to me (including a former PEB member who is a friend of mine) not to hire an outside JAG, as outside attorneys often do not understand the system as well as those who work within it.
To be honest, I was ready to drop the appeal and give up, but my commander was kind enough to request that my case be expedited, and the PEB approved it.
I just don’t know if this is a lost fight or if I should keep going, knowing that I may still be waiting until June for no result. Every day I remain in the Army is painful for me.
 
Essayons17 said:
First thanks for your response.


I am currently in the Army (active duty).
I was only referred for my shoulder, which was rated at 20%.
They did not want to consider my other conditions, and I was told that during the FPEB I could add other conditions that I believe are unfitting.
I have documentation of treatment and medications dating back to 2020 for both my migraines and my mental health conditions.
The Trial JAG is very busy due to understaffing, and the same applies to the PEBLO. I was told they would contact me approximately 15 days before my hearing.
Everyone has recommended to me (including a former PEB member who is a friend of mine) not to hire an outside JAG, as outside attorneys often do not understand the system as well as those who work within it.
To be honest, I was ready to drop the appeal and give up, but my commander was kind enough to request that my case be expedited, and the PEB approved it.
I just don’t know if this is a lost fight or if I should keep going, knowing that I may still be waiting until June for no result. Every day I remain in the Army is painful for me.
Click to expand...
Outside attorneys that don't specialize in IDES alone don't understand. I am saying the way to go is to hire the handful that specialize in IDES and that is all they do. Lots of misinformation inside IDES. Most in it don't truly understand the whole process and because of that they give Soldiers poor advice.
 
Essayons17 said:
First thanks for your response.


I am currently in the Army (active duty).
I was only referred for my shoulder, which was rated at 20%.
They did not want to consider my other conditions, and I was told that during the FPEB I could add other conditions that I believe are unfitting.
I have documentation of treatment and medications dating back to 2020 for both my migraines and my mental health conditions.
The Trial JAG is very busy due to understaffing, and the same applies to the PEBLO. I was told they would contact me approximately 15 days before my hearing.
Everyone has recommended to me (including a former PEB member who is a friend of mine) not to hire an outside JAG, as outside attorneys often do not understand the system as well as those who work within it.
To be honest, I was ready to drop the appeal and give up, but my commander was kind enough to request that my case be expedited, and the PEB approved it.
I just don’t know if this is a lost fight or if I should keep going, knowing that I may still be waiting until June for no result. Every day I remain in the Army is painful for me.
Click to expand...
I did send you some references of attorneys that mainly do IDES. They know the PEB board members. I hate it when they say don't worry or they will look at other conditions to be found unfit. That is total BS!!! The chances of a new condition being added as unfit without you fighting and appealing from the very start is very slim. Most of the time whatever they refer you for will be the conditions that are found unfit.
 
Last edited:
Provis said:
I did send you some references of attorneys that mainly do IDES. They know the PEB board members. I hate it when they say don't worry or they will look at other conditions to be found unfit. That is total BS!!! The chances of a new condition being added as unfit without you fighting and appealing from the very start is very slim. Most of the time whatever they refer you for will the conditions that are found unfit.
Click to expand...
Thanks, really appreciate the help brother
 
Provis said:
What branch are you in? That matters.

Did you wonder through the system and trust the process or have you been appealing throughout? For example, when your mental health and migraines were listed as fit in the NARSUM did you appeal at that stage? Why so late on profiles? Did you request a profile at the very beginning?

You can still win at the FPEB but just think about it from the their perspective? If you concurred along the way and then all of the sudden appeal for FPEB it looks bad. If you have been appealing from the beginning stating that you should be unfit on these additional 2 conditions then its pretty easy for them to see that you are unfit because they have to review your entire file before the FPBE hearing.

It's not too late to hire a private IDES attorney that's dedicated to your cause. I suspect that if you had hired one from the beginning of this process you wouldn't be in this very stressful situation. I will send references.

To answer your question it depends. It all depends on the strength of your argument. Statements can help. Especially if its from supervisor's saying that you can't work due to these conditions. Has JAG submitted a written rebuttal the the FPEB? You can submit one in advance of the FPEB and if they think they are going to approve you they will make the change ahead of time. So they will respond and typically make the change to your IPEB results and cancel the FPEB since they changed their mind. This step among others are go to strategies that the dedicated representation do. I am not a fan of JAG. They don't spend enough time on Soldiers cases to be as persuasive. I have seen JAG have Soldiers write up their own appeals or not mention that they can do additional steps in the process that give them extra chances to win. JAG is their to cover the military's butt so that they can say you have representation. That's not the same as having high quality legal representation. Its the same difference between hiring an all star private attorney verse having a public defender. Each have representation but the quality of the representation and the amount of time spent on your case can be vastly different.
Click to expand...
Please send references to me as well. Thanks.
 
You must log in or register to reply here.
Top