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Tag Archives: Army MEB

New Army Fitness Determinations Directive (AR DIR 2024-01)

The Army Publishing Directorate has released a new Army Fitness Determinations and Deployability Directive (AR DIR 2024-01) that may have a profound effect on your PEB case- thus, I wanted to post it here for you to download and review with your attorney when deciding how to develop or appeal your Army PEB findings. This […]

The Problem with Profiles in Army IDES PEB Cases

If you are a soldier undergoing the Army IDES PEB process, you will find that the IPEB and the FPEB are fixated on profiles and are very unlikely to find you Unfit for a condition unless you have a P3 profile for it.   The real problem for most soldiers is that army MEB physicians routinely […]

Important Guidance for Drafting Navy Non-Medical Assessments

Many Navy and Marine Corps personnel do not realize the importance of the Non-Medical Assessment prepared by your Commander when the PEB is assessing your fitness for duty. This document is actually the first item that IPEB and FPEB look at after reviewing your MEB Narrative Summary. In doing so, they are looking for specific language […]

Major Flaw in Army Post-FPEB Appeal Process

Under the guidance provided by Section 4.10.d.1 of DODI 1332.18, volume 1 dtd 24 Feb 2023, the SECDEF directed that every armed service should provide service members with the opportunity to submit either a written appeal or to provide them with a post-FPEB hearing. The Air Force and the Navy have established a post-FPEB hearing […]

IPEB RECONSIDERATION REQUESTS UPDATE- JULY 2023

Since most of you know that I am a big fan of using IPEB Reconsideration Requests to attempt to obtain a favorable decision for my clients without a formal hearing, I am writing to provide the latest update as of July 2023 regarding each service’s practice concerning such decisions. If you are an Army service […]

SOCIAL MEDIA IS NOT YOUR FRIEND DURING THE IDES PROCESS

If you are in the IDES Process- especially Navy and Marine Corps personnel- you should be aware that some PEB members- typically the medical officers- do occasionally trawl through major social media platforms to determine whether you are currently performing activities that contradict your stated duty limitations and/or profile. But, an even more significant risk […]

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 […]

Unique Way to Increase Rating for Rheumatoid Arthritis in PEB & VA Cases

In a recent case, my client had received a 40% disability rating for Rheumatoid Arthritis (“RA”) under the VA Code 5002.  While this was a good initial rating, it did not reflect the real impact of this disease upon him.  Sadly, he didn’t have the significant weight loss, anemia or severe incapacitating episodes 4 or […]

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