APPEALING “V” CODES IN ARMY PEB CASES
If you agree with your Army IPEB findings but wish to contest whether your unfitting conditions are combat-related, you may wish to submit a written appeal regarding this issue via your counsel with supporting exhibits vice going to a formal hearing. Why? Because Army FPEB members may revisit the unfitting nature of your injuries during the hearing, as it is a de novo process. In other words, they may change their original findings based upon your testimony, written evidence, or that provided by any witnesses. This advice is especially true if you have not been recently treated for these conditions. By submitting a written appeal regarding these issues and waiving a hearing, you will typically receive results either granting or denying this request- but not changing the initial fit/unfit findings. This strategy lets you pursue the combat-related findings with little or no risk to the overall outcome.