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Tag Archives: Army PEB

Taxability of Combat-Related Military Retired Pay

This post is designed to help those of you who have been medically retired under Chapter 61 and receive a “V” Code from the Army PEB or its equivalent from the Air Force, Coast Guard, or Navy PEBs for a combat-related determination. For some reason, DFAS personnel have shown a particularly low knowledge level of […]

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 […]

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 […]

HOW TO REQUEST A POST-FPEB HEARING

DODI133218e 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 […]

The Importance of Army IPEB Reconsideration Requests

If you are being processed through the Army PEB system and are either found Fit or have been found Unfit but have issues you wish to raise at a formal hearing, you and your counsel should consider drafting an IPEB Reconsideration Request (“IPEB Recon”) to accompany your election of options. If you have been found […]

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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