I have no idea how to appeal

Jordaldo

Registered Member
#1
Long story up short:
Through Army doctor negligence I managed to get a torn up shoulder from regular army pt, follow up surgery ruined by army physical therapists instigating a second surgery. . . I'm getting med boarded over it.
This crap has caused a significant problem with depression / anxiety (I've been hospitalized twice, once for a bit longer than a week, second time just a few days when unexpectedly ran out of pills).
The PEB refuses to recognize the mental issues. Dealt a rating solely on the fact they destroyed my shoulder, 20%.

My Peblo has been a nightmare of a person to talk to / not available as a resource. (My brand new chain of command at the time didn't know how to handle it so i got slapped with a no contact after I had a grand total of one email and one phone call exchanged with her. My peblo has pre-filled out all of my forms and has tried to tell me 'just sign the bottom'. . . could go on for a while on her alone)

The nice attorney lady I had been talking to has disappeared off the face of the earth as I got my DA 199, and my peblo threatens me with "if I don't reply by monday she'll just assume I accept what's written".
I've already attended a formal hearing in person, but that went to crap as I broke down in front of the board, started trying to come up with explanations for questions they were asking, only to say something that was my best attempt at explaining it but didn't quite come across like I inteded, they spent the rest of the session hyper focusing / commenting on that explanation and it really went south. Then they started cherry picking things trying to tell me "You're fine." To top it off, after they told me they denied my claim, he takes a second off the record to try and comfort me I guess,?

I don't understand how the hell I am supposed to do anything, nevermind what any of it actually means in the long or short run. Googling hasn't exactly helped either. This forum pops up in most google searches
and I'm out of ideas / time,

I want to appeal the DA 199 w/20% I got as it doesn't address the mental issues at all. I recall being told I could write a written appeal at this stage.
 

Sullysull48

PEB Forum Veteran
Registered Member
#2
Sorry to hear about your situation. Your PEBLO should have provided you with information about contacting legal.

They only give us 10 days to agree or disagree with the DA199. But, if legal needs more time. They will submit a memo to your PEBLO asking for it.

It's hard and can be discouraging , but keep fighting for what you believe in.
 

Jordaldo

Registered Member
#4
I'm getting no responses from anyone, whether by email or phone.
I still have my DA 199, I've marked that I don't concur;I don't have a letter typed up, was really hoping to get some advice on how to write that; and I'm not sure what to put for the VA election. I know last time I elected not to have my va ratings to not be reconsidered per my attorney's advice, but I don't know if that applies to this time as well.
 
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