Monthly Archives: December 2022
HOW TO PUSH BACK WHEN THE PEB DEVIATES FROM THE VASRD
Recently, I was confronted with a situation in which a prospective client’s IPEB decision rated a thoracolumbar spine condition under VA Code 5003 for degenerative arthritis alone because the members felt that the primary injury was to the thoracic spine. Since this spinal segment has very little range of motion, the IPEB members ignored a […]
WHEN WILL YOU BE PROVIDED MILITARY COUNSEL PRIOR TO AN FPEB OR FPEB APPEAL?
While I have honestly not met an incompetent or “bad” military counsel in 30 years of representing service members in the PEB process, the downside to working the military counsel is that their caseloads are much higher than civilian counsel. This gives them less time to work with you and develop your case. At the […]
HOW TO REQUEST A POST-FPEB HEARING
Before the new DOD1332.18 instruction was issued on November 10, 2022, service members could only submit written appeals of adverse findings by the FPEB panel of their service. But that is no longer the case. Under the provisions of Section 3.3d.1 of DODI1332.18, you can now request an additional hearing at which counsel can […]
HOW TO PREVENT AN IPEB MEMBER FROM SITTING ON YOUR FPEB PANEL
In a startling new change to DOD1332.18 that was issued on November 10, 2022, service members can specifically demand that the FPEB exclude board members who participated in the adjudication process of your case at the IPEB. See Section 3.3.c.2.b of DODI1332.18. This means that you can exclude IPEB members from sitting on your FPEB, […]
HOW MANY TIMES CAN YOU SUBMIT REBUTTALS TO YOUR MEB?
Before the issuance of the change to DOD 1332.18 on November 10, 2022, this was an easy question to answer- you were entitled to one Impartial Review and one Rebuttal. However, according to Section 3.2.e.6 of the new instruction, service members will be entitled upon request to at least one rebuttal of the MEB findings. […]