Successful Fight with PEB to send case back to MEB to update case on new condition as AGR

brianmatt31

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Good morning AGR's! So I wanted to reach out to you all and give you an update on my case file. From my timeline you'll see I began the IDES in Sep 2016. Yes it's been a long time and slow process but there are a LOT of other service members in the IDES and not enough worker bee's processing cases I guess but none the less I'm patient and for my conditions I was given a desk job so I'm getting paid and able to also plan retirement when that day comes but also make sure my case has been properly rated and no issues arise again like my first legal counsel at Camp Atterbury but James got fired.

First off, right after the MEB had reviewed my case and signed off on it I was send the case to review and sign or appeal. I had no appeal so I signed and sent back. Also at that time in Jan 2017 ish, I started having another issue going on fainting and passing out at work and home. I was seen and after all the doctor appointments I was diagnosed with Neurocardiogenic syncope with distal ischemia in relations to diabetes type 2/cardio conditions in July 2017. Also in July the PEB sent back my case file for review and signature but with my new legal counsel at CAIN I had to fight them as to do an appeal and had to hand write on the PEB documents that I was appealing and wanted the PEB to send my case back to the MEB in order to review and give credit to a new condition that occurred after the MEB so that my case is correctly presented to the PEB board members for their decisions/actions on my case. Well, I was contacted by a PEB lawyer when they received my case seeing that I was appealing and she was the best. She reviewed all my medical conditions, reviewed my memos that I typed up on my case, the memo from my legal counsel at CAIN saying that my first legal counsel at CAIN misled me on elections helped establish my relationship with my new PEB lawyer. With that said when she called and we discussed my case I made sure she understood that I wasn't trying to get over but only have the PEB do the right thing as they could not successfully and accurately do their jobs without addressing the new condition and the proper thing to do is push my case back to the MEB to review especially since I printed off the DBQ and took it to my cardiologists office so he could fill it out, I typed up a ILOD in word document to show my State and Command shows it was in the line of duty along with the other doctor documents from my visits, the medications I'm on and the tilt table test that I failed. I won but more importantly my PEB lawyer fought the PEB and got them to send the case back to the MEB and now it's been successful seeing they have reviewed all those documents and found in the line of duty which I'm an AGR since 2000 so it was regardless and things are moving forward. That was in November 2017 prior to going to the PEB to discuss my case to the board in person.

The one thing from all of this from all my researching on this site and online doing many BING and Google searches for key words is I found the memos from the PEB that stated we service members could request our cases to be returned to the MEB to add or fix an condition. But it was called something weird and I can't remember but for this time with my case the memo I have seen from the PEB on me says that they are returning my case to the MEB for clarification and adding a review for the syncope and the PEB called it "This case is returned for Why Code 104".

So I don't know if this helps any AGR or other service member trying to get their case back to the MEB from the PEB to account for a new condition that began after the MEB or not but it can work. The key in all that was the DBQ from my cardiologists and the tilt table test.

Also to note, I did my COAD packet and was approved by my TAG as our TAGs are the approving authority to keep us on orders as long as we are placed in a TDA slot not the Army or DoD. I'm currently working as the Bn XO in recruiting. It's a non-deployable slot and I put into my memo to my TAG that I only needed 3 years to get to 20 AFS and upon that I would retire out and do not seek any further promotions nor to compete with any of my peers. I gave clear and concise communication on things and my TAG approved.

Remember, flexibility and patience when entering the IDES and always help out all your Soldiers and other service members that don't know about this site.
God Speed! HOOAH!
 
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