IPEB Apeal

I am an E6 Navy Diver Hospital Corpsman. January '08 I sustained a diving injury while on a combat mission. Over the course of the year it was found that I am missing nerve function in my right ear and have impaired vision with sharp unilateral headaches. The nerve damage causes periphery problems with driving, motion, reading, and balance issues.

The issue I am faced with is the IPEB found me fit to continue service with no benefits. The Disabled American Veteran's NSO officer suggested I appeal and send in further reports from my doctors. Is this a battle I can win? Physically I look normal, so it is difficult to quantify how it feels to be dizzy all the time. The Doctors are not even totally sure what happened. What are my other options?

So far the Navy has told me this is a problem that the VA needs to handle and compensate me for. VA is willing to compensate, but they feel this is the Navy's bill to pay.

Input?
 
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canoes808,

Welcome! You can win. The result really turns on the facts of your case, but if you do not appeal, the risk is that the Navy administratively separates you for other reasons (perhaps undeployability, disqualification from diving duty or sea duty, or other reasons) without properly compensating you.

If you are unfit, it is both the Navy and the VA's "bill to pay." Since it was a combat related injury, you would be eligible for compensation from both agencies (under CRSC).

There is no risk to appealing (assuming that leaving the Navy is not a bad outcome for you). If granted a Formal PEB, you may have an argument for retirement, and the VA should also compensate you for your disabilities. Key will be getting both medical evidence and evidence of your inability to reasonably perform duties expected of someone of your grade and rate.

I hope all goes well for you.
 
Dear Friend,

Jason is quite correct that you have nothing to lose by appealing this decision.

Frankly, the key in the Navy system is to prepare a good petition for reconsideration in order to overcome the IPEB finding and be found unfit and/or granted a formal hearing.

This is an important point because naval personnel who have been found fit by the Navy IPEB do not have an absolute right to a formal hearing- this is a matter within the discretion of the agency. Thus, your first goal is to prove that you are unfit.

This is where Xeno's comment is dead on with respect to your injury. Without reviewing your records, it is impossible for any of us to truly understand your case.

However, based upon your description of the injury, Xeno it is quite correct that the current personnel sitting on the Informal and Formal Panels at the Navy Yard would be very likely to rate you by analogy to Meniere's disease focusing on the vertigo factor.

I would highly recommend obtaining nonmedical evidence letters from your peers and supervisors ofcusing on how your symptoms prevent you from performing your duties.

I am making this recommendation because I suspect that a contributing factor to the IPEB decision to find you fit was because the command nonmedical endorsement probably praised you as an individual and did not reflect the limitations caused by your symptoms.

I am currently returning to Virginia after the death of a family member so I apologize if my typing in a moving vehicle is replete with typos.

However, to reiterate:

1. Jason is right- you have nothing to lose by preparing a petition for reconsideration and seeking a formal hearing if your petition is denied.

2. Xeno pointed you in the right direction as far as how the panel might view your case.

3. Now it is up to you to make a decision to fight for what you deserve. As you review this board, you will see that you are not as alone as you may have felt on your original visit.

Good luck!

Jack Gately
 
Thank you all for the wise words. I will be collecting letters from peers and submitting them with my appeal.

r/ Nate
 
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