PEBLO Tried to Schedule Counseling for 3947 in 45 mins, without time to review

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USARSpouse

PEB Forum Regular Member
Registered Member
My wife's PEBLO at Fort Eisenhower called her at 2:32pm and tried to setup a conseling call for today, Wednesday, to go over her packet at 3:15pm on the same day. The only other option given was Monday, when my wife is at her drill. I wrote an email telling her that 45 minutes wasn't enough time to review the 189 pages, and that we could do it Thursday or Friday or Tuesday when she came home. This was her response:

"The purpose of the counseling was to go over the packet with you, not for you to make a decision. You get 5 days from the date you receive the packet to make an election, which makes your election due 6/24. You can take this opportunity to reach out to legal for assistance. If an extension or election is not received on 6/24 we can forward your packet to the PEB without your signature. If legal needs additional time they can request an extension which has to be approved by the Senior MEB physician. Thanks in advance."

Thoughts?
 
This is normal. Move quickly right now. Her review and her lawyer's review will be critical. Her 5-day timer is permanent unless the lawyer gets permission in writing and the PEBLO office agrees. And then they must send you the signed document stating there is an extension. An example of an extension would be that your lawyer does not have time to review the documents. Otherwise at 5 days her paperwork is getting sent forward with or without her.
 
Thanks Dave. I was under the impression that the 5 day clock started when you received counseling, not when they just emailed the packet.

I already found two issues myself.

1) There is no NARSUM, only a 3947
2) She claimed a TBI on the 526EZ; it was already service-connected last year. Not on the 3947 at all, disqualifying or meeting retetion. Just not there....
 
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I am not totally sure on that rule. You could ask just for clarification from person that notified. However, I could see it going either way from notification or the counseling. I'm sure one of the more informed experts here is familiar. I just know as soon as most are notified it's time to move quick.

And definitely stay on top of those errors and notify her counsel immediately insisting they handle this.
 
USARSpouse said:
My wife's PEBLO at Fort Eisenhower called her at 2:32pm and tried to setup a conseling call for today, Wednesday, to go over her packet at 3:15pm on the same day. The only other option given was Monday, when my wife is at her drill. I wrote an email telling her that 45 minutes wasn't enough time to review the 189 pages, and that we could do it Thursday or Friday or Tuesday when she came home. This was her response:

"The purpose of the counseling was to go over the packet with you, not for you to make a decision. You get 5 days from the date you receive the packet to make an election, which makes your election due 6/24. You can take this opportunity to reach out to legal for assistance. If an extension or election is not received on 6/24 we can forward your packet to the PEB without your signature. If legal needs additional time they can request an extension which has to be approved by the Senior MEB physician. Thanks in advance."

Thoughts?
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45 minutes is plenty of time. The PEBLO is a paper pusher. They aren't the ones to go over anything in detail.

What is the counseling for? Is this the start of IDES? If so, they are just going to go over a powerpoint overview of the process and answer any questions you have. PEBLO's don't do a lot other than oversee your paperwork and communicate to you results at junctions where you get the choice to appeal or concur.

If you want to be thorough hire a dedicated private attorney. Otherwise know that you will just bounce around. You start with PEBLO, then referred to MSC for claiming conditions. Then get contact for JAG for when you need review of something before signing. My wife hired an attorney and the experience was night and day compared to her and other IDES Soldiers. Thats because her attorney reviewed all of her medical files, commander's impact statement etc. Her attorney told her what to do in the meantime and what will happen depending on the results for each stage. She appealed at almost every stage but it was easy becasue she knew the result she needed and what to do if the result wasn't optimal. Then she gave the paperwork to her attorney and he created all of the documents that my wife just had to sign and get back to the PEBLO by the deadline. Also, that deadline can be moved back if your private attorney needs more time.
 
@Provis I believe he was referring to his wife's MEB results and the 5 days one has to respond.
 
USARSpouse said:
My wife's PEBLO at Fort Eisenhower called her at 2:32pm and tried to setup a conseling call for today, Wednesday, to go over her packet at 3:15pm on the same day. The only other option given was Monday, when my wife is at her drill. I wrote an email telling her that 45 minutes wasn't enough time to review the 189 pages, and that we could do it Thursday or Friday or Tuesday when she came home. This was her response:

"The purpose of the counseling was to go over the packet with you, not for you to make a decision. You get 5 days from the date you receive the packet to make an election, which makes your election due 6/24. You can take this opportunity to reach out to legal for assistance. If an extension or election is not received on 6/24 we can forward your packet to the PEB without your signature. If legal needs additional time they can request an extension which has to be approved by the Senior MEB physician. Thanks in advance."

Thoughts?
Click to expand...
Also, pretty much never choose LDES. IDES is the newer system with more protections. If you are worried about existing ratings you don't need to list them to be rerated unless they are unfitting and even if unfitting you can request them to be rated for DOD purposes only in IDES. LDES means your are SOL if they don't come back with the results that you want.
 
DaveK said:
@Provis I believe he was referring to his wife's MEB results and the 5 days one has to respond.
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Okay. If AD and MEB results that's called the NARSUM. So just not sure why stating NARSUM Missing. I am pretty sure there is no step to go over MEB itself. Seeing username USARspouse makes me think the user is omitting key details such as existing VA ratings or maybe non duty related IDES? That would mean not every step that would be in a duty related IDES... Hard to make sense of the questions on the post when I am not familiar with a stage to review MEB. NARSUM is the step that summarizes the MEB and is where you can do your first appeal.
 
Provis said:
Okay. If AD and MEB results that's called the NARSUM. So just not sure why stating NARSUM Missing. I am pretty sure there is no step to go over MEB itself. Seeing username USARspouse makes me think the user is omitting key details such as existing VA ratings or maybe non duty related IDES? That would mean not every step that would be in a duty related IDES... Hard to make sense of the questions on the post when I am not familiar with a stage to review MEB. NARSUM is the step that summarizes the MEB and is where you can do your first appeal.
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Agreed. Definitely not clear.
 
Sorry for the delayed response and catch-up. Was traveling for work yesterday.

In IDES. Reserve deployment. She did initial PEBLO briefing in April, all C&P exams reused (were 8-13 months old), claimed all rated conditions. PTSD was the only one referred.

PEBLO called 45 minutes before the appointment and emailed the 169-page MEB Packet. The packet did NOT have a NARSUM, only a 3947.

The 3947 had all the claimed conditions and PTSD, except for her TBI, which was also claimed on the 526EZ. Either the MSC didn't send the related exams, or the PEBLO missed them.

Already spoken to counsel this am. Extension filed, he said, likely the 3947 would have to be redone to include the TBI. The NARSUM (which we don't have) would need amended.

If TBI and post-traumatic headaches are not included on the redo, we will be filing an IMR to request them added as a second unfitting condition to better increase PDRL chance.
 
Sounds like you and her are now tracking and on the right path. Glad you got that legal help.
 
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