Are JAG Attny's legit?

I have my FPEB on Tuesday and I meet with My JAG Attny on Monday. It seems like everytime I talk to him by phone he seems so doubtful and pessimistic. He only says that he knows I won't get 30% and if it were him he'd just waive the hearing and just make my money with the VA. I tried to have my case recalled so they could re-evaluate my MEB but my PEBLO says she couldn't get it approved. My attny talked to her and told me the same thing. I'm being rated for my knee but there are several other things on the list that the MEB found medically acceptable that really aren't. When I concurred with them it was under the pretense that I was concurring with the fact that they found my knee medically unacceptable. My PEBLO said, "they found your knee unacceptable do you concur? If so put an X here and sign your name". Well hell, I did concur with that, so I signed. Now I'm learning that I should have not concurred then, I guess. At any rate, I have really bad Migraines several times a month and am on 3 or 4 different medications for them but they say they are OK. I have not been referred to a neurologist ever so how do they know? They say it's because I had excellent counceling statements...OK well my unit was deployed when those were written and I was able to be home a lot. I always try to do a good job with whatever task I'm given that's just my nature. My attny says I've been working with them for the last four years so it looks like I can function good with them. I can't function at all when I get them. I am just lucky that they usually start coming on in the afternoon and by the time they get they get really bad I'm home. I have been to the emergency room a few times for them and missed work because of them. Nobody ever asked me about them at all. My problem is that I have regulations from AR 40-501 about migraines saying that they are medically unacceptable and the same thing in the DODI 1332.38. Both of those regulations also say the same thing about sleep apnea with a CPAP, which I also have, but they won't look at that either. A different attny showed me how they came up with my knee rating in the VASRD but my PEBLO said that they don't use that to get ratings because that's for the VA. When I asked what they used then she said, "I'm gonna be quiet because I'm no attny". When I plug in my 3 issues (50, 30, 10) to the table it comes out to 70%. I didn't give myself anything extra and I did the table correctly. I now feel like they know I would get a lot more but the fact that my ETS date is coming up in October they don't want to waste much time with me. Just give me my little 10% and be done. I truly want to trust these people but I know how most Army people are!

I'm sorry this is so long and maybe a little all over the place but I am all over the place right now!! UGH... Any suggestions, thoughts, help would be great because the wind is out of my sails!
 
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My JAG attny was not very good and I got rated at 10% while the VA rated me at 60%. I do not know the circumstances of your case but I suggest you consider getting a private attorney if you believe you have a good case for 30% or better and you can afford it.
 
As with anything, you gota ask yourself "Where is the money coming from?" Who is paying for the JAG. Why, it's the same person who doesn't want to pay you.

Seem like a conflict of interest to me.
 
I would think that Jason would be the best person to answer this question. As with all occupations in the Military, you find good and bad. I am sure there are very good JAG Officers that do their best for the soldier they represent and some that don't.
 
Chem_SM,

Since your PEB is Tuesday, I am going to forward your post ASAP to the Deputy Commander of the United States Army Physical Disability Agency (USAPDA). (The USAPDA is the higher command of the PEBs.) He and I had met in March and the problem of MEBs not properly evaluating medical conditions was part of our conversation. He stated that he was establishing protocols to have his people screen MEBs to ensure they covered all medical conditions and they properly identified the medically unsuitable conditions per AR 40-501. A broken MEB will lead to a broken PEB. It looks like your MEB may have slipped through this USAPDA screen.

I don’t know if he will read the email I will send him in time. He may be on leave, TDY or otherwise unavailable. It is important that these issues be addressed at your FBEB. If your attorney does not bring them up, you must. Respectfully tell the board (while the tape is running) that you have additional medical conditions and believe that they fail to meet medial retention standards per AR 40-501 or affect your fitness. Also tell them that you have concerns that your knee was not rated in strict compliance with the VASRD. Getting these points into the record of your FPEB is critical should the FPEB decision not properly address these issues and you need to make further appeals.

The bottom line is that your MEB must included all medical conditions and then specifically identify those that don’t meet retention standards. The PEB then evaluates conditions that fail to meet retention standards and determines which ones make you unfit. They can also base unfitness on conditions that do not fail to meet retention standards in certain circumstances. The PEB is required to rate unfitting conditions per the VASRD. There have been tremendous problems with how the military has conducted MEBs and PEBs. To correct these problems, Congress directed the establishment of a DoD level review called the Physical Disability Board of Review. The PDBR reviews PEB cases rated below 30%. You will have to apply to this board. The PDBR not only looks at the proper application of the VASRD, they also review the medical conditions to see if the PEB should have included them in the rating.

While it is desirable for all parties involved to get your disability decision right the first time, be assured there are many layers of review and appeal to correct problems like yours.

BTW: Where is your FBEB? DC, Texas or Washington State?

Mike
 
I definitely have to agree with X here. There is definitely a conflict of interest, even when there should not be. However, if you can afford a private attorney, do so. I called my JAG office, and this was last month, and I spoke with the attorney. I have yet to hear back from him. I tried to reach him through email, no response. I know that not every JAG rep will be this way, but you have to do what is in your best interest.
 
Thank you all for the advice and thoughts. My FPEB is in Texas and is on Tuesday at 0700.

My thoughts of the MEB are that they don't really care about what happens to me! On Thursday my JAG attny told me to get my PEBLO to recall my case and have it re-evaluated. I called her as soon as I hung up the phone with him. She didn't answer so I left a message explaining the situation and that it was very time sensitive. She called me back the next morning because they do training on Thursdays and I guess are not at work?? So anyways, she told me that she wasn't going to be able to have it recalled until she talked to my attny to make sure we were all "on the same page". I called him all day and left 4 or 5 messages. He finally called my PEBLO around 1500 or later and then she called me after she talked to him. The decision to not recall my case was made in the few minutes between talking to him and talking to me apparently. Who makes this decision? How could they make a decision so quickly? If the MEB is here at FT Hood with me and my medical records are down in San Antonio how could they even do a brief review of them? I have 3 volumes of med records!! I honestly feel that because my ETS date is coming soon and that because I've been "making" it with my migraines that I'm OK.

Yet it very clearly states in AR 40-501 section 2-26(e) " History of recurrent headaches (784.0), including, but not limited to, migraines (346) and tension headaches (307.81) that interfere with normal function in the past 3 years, or of such severity to require prescription medications, are disqualifying". <--- That is the reg. I have been suffering from recurrent headaches for a while now. I am on 3 different prescriptions for my headaches and migraines. I have felt like a guinea pig. I have tried so many different things for my headaches over the past few years. These 3 are the only ones that seem to help a little but not completely.

AR 40-501 section 3-30(g) states " Migraine, tension, or cluster headaches, when manifested by frequent incapacitating attacks. All such Soldiers will be referred to a neurologist, who will ascertain the cause of the headaches. If the neurologist feels a trial of prophylactic medicine is warranted, a 3 month trial of therapy can be initiated. If the headaches are not adequately controlled at the end of 3 months, the Soldier will undergo an MEB for referral to a PEB. If the neurologist feels the Soldier is unlikely to respond to therapy, the Soldier can be referred directly to MEB". <---again the reg. I have yet to be referred to a neurologist! I have been thrown a bunch of different medicine and had and CT scan because I brought it up! But that's it.

I know for a fact that I qualify for all of that! But the rating is 30% for migraines that occur once a month. I have them once a week or more sometimes. No I don't go to the doctor everytime I get a migraine or a headache. What would the point of the medication be? I only go the ER if I have tried all the meds and nothing works. I am being punished for being able to work during the day. My migraines almost always happen in the afternoon, lucky me!

I also have sleep apnea with a CPAP. That is talked about in AR 40-501 section 3-41 (3)(c) and 2-30(l). But that meets retension standards too apparently.
Both of these conditions are also in the DODI 1332.38. It is very cut and dry in that!

I truly feel that I am being screwed over. I am going crazy thinking about this injustice.

Thank you Mike for FWDing my situation to USAPDA. I am going to get these people to treat my case fairly. If they are going to have things in the regulations then they need to go by the regulations. Otherwise they fust need to throw away all the regulations and have a free for all style of doing business!

I will probably have to appeal the FPEB. What happens then?
 
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