Interesting New Development in Navy FPEB Cases

johnbgately

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Several years ago, the Navy PEB eliminated the formal reconsideration process in its formal board settings. This process was akin to the Army IPEB Reconsideration process, in which the PEB will review a case in light of new evidence and determine whether you can be granted a favorable decision on the record without the need for a formal hearing.

When the Navy abandoned this process, it meant that most appeals from PEB findings would go straight to a hearing. The exception would be in cases where an attorney requests a President-directed IPEB Reocnsieration and supplies sufficient evidence and a well-crafted brief to merit an on-the-record decision. The decision as to whether to even grant such a review was within the discretion for the President of the Navy PEB. I have used this approach successfully for several clients each year but have had to pick the cases carefully.

Now the Navy PEB is considering restoring the formal recon process, and this will allow military and civilian attorneys the opportunity to have cases reviewed prior to a formal hearing, provided that they have the evidence available to justify their petition. This is a very positive development but has not been formally implemented yet. I will keep you updated as further information becomes available, as this is excellent news for many Navy and Marine Corps members.
 
Yes, but the Navy version of the post-FPEB hearing process will be very restrictive and resembles a VA Higher level review hearing. You will be allowed to present new evidence when requesting a hearing but will only be allowed 15 minutes to present your case to a single adjudicator. In some cases, it might make a difference. However, for cases that turn on the legal burden of proof or whether a condition or injury was combat-related, I will stick to the traditional written appeal ("PFR") route for the foreseeable future. And honestly, on the combat-related issues, I have found the Code 13 appeal process to be much more generous to my clients as of late. I will post the new Navy CORB policy on post-FPEB hearings on this forum later tonight.
 
Yes, but the Navy version of the post-FPEB hearing process will be very restrictive and resembles a VA Higher level review hearing. You will be allowed to present new evidence when requesting a hearing but will only be allowed 15 minutes to present your case to a single adjudicator. In some cases, it might make a difference. However, for cases that turn on the legal burden of proof or whether a condition or injury was combat-related, I will stick to the traditional written appeal ("PFR") route for the foreseeable future. And honestly, on the combat-related issues, I have found the Code 13 appeal process to be much more generous to my clients as of late. I will post the new Navy CORB policy on post-FPEB hearings on this forum later tonight.
I added the letter you posted to the resource tab for Navy Regulations.
 
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