2332 Croix Drive, Virginia Beach, Virginia 23451

Why Non-Medical Evidence May Be Critical to Winning Your Case

Three of my last five cases in the past month were favorably decided based upon non-medical evidence.   Such evidence is vitally important in PEB cases, whether you seek to be found Fit or to be found Unfit and medically retired.  Having non-medical evidence letters prepared by your peers and supervisors can provide your command with key talking points for its assessment of the impact of your conditions upon your fitness for duty.  If you wish to be found Unfit, those letters should address how each unfitting condition adversely impacts you in the performance of your duties. If you wish to be found Fit, then those letters should reflect that your performance has not been impeded by your existing medical conditions.  Some of the personnel who write such letters may also be useful as live witnesses- either in person or by speakerphone- should you need to appear at a formal hearing. To ensure that such letters are accurate, you should provide these individuals with bullet points regarding each condition that either show its impact or why it does not impact you in the military workplace.  Since the PEB is a performance -based system, failing to address this aspect of your case may cause you irreparable harm.


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