My Completed FPEB Experience: What I Wish I Had Known Earlier

[Essayons17]

I just finished my FPEB, and I wanted to share my experience for those going through this process because it can be overwhelming.

Long story short:

I had hearing problems and failed my hearing test several times, which led to me being placed on a MedBoard for hearing loss — something I never expected in my career, especially after almost 15 years of service.

At the same time, I was dealing with other medical conditions that had been affecting me and my performance for years, but the hearing issue triggered the permanent profile and MedBoard before the other conditions did.

I went through the IDES process, was assigned a PEBLO, completed all my C&P exams, and continued treating my other conditions during that time (IMPORTANT: do not stop treatment).

When the NARSUM came back, it only found my hearing condition as unfit. The NARSUM doctor told me that because I did not have permanent profiles for my other conditions, they would likely not be considered. I appealed the NARSUM, but it stayed the same. They sent it to the IPEB, which found me:

• Unfit for hearing at 10%
• 100% VA overall

I appealed the IPEB decision. I agreed with the 10% hearing finding, but I appealed because I believed my other conditions also made me unfit for duty.

Honestly, I was lucky the FPEB took almost a year because it gave me time to gather more medical evidence and fight for permanent profiles for my other long-term conditions.

During that year, I had a lot of appointments and treatments. I submitted new evidence along with older evidence connecting the condition throughout the years. I spoke with my commander and supervisor and told them that my priority was now my health and that I was not being as productive as before, especially while dealing with so many health issues.

My lawyer was extremely busy and not very helpful. My PEBLO also did not have much experience. I literally had to fight for my own case. That is very important because nobody will care about your case more than you do.

I constantly found:

• Wrong information in clinical notes
• Incorrect descriptions
• Missing documentation
• Conditions barely mentioned
• Poor guidance

I was lucky to have a commander and supervisor who knew about my conditions and supported me. They wrote statements, my commander submitted a memo to expedite my case (because waiting so long for the FPEB was difficult), and also submitted a DA Form 7652 (DISABILITY EVALUATION SYSTEM COMMANDER'S PERFORMANCE AND FUNCTIONAL STATEMENT) showing:

• Duty days lost
• Non-deployable status
• Replacement from duties
• Accommodations

This was a HUGE piece of evidence, especially when trying to fight against a NARSUM and IPEB decision at the FPEB. It carried a lot of weight.

FPEB EXPERIENCE:

My FPEB was virtual through Zoom.

I logged in around 25 minutes early. An officer asked how I wanted to swear in, and then I was placed in a private room with my lawyer.

The board consisted of:

• President (civilian)
• Medical Officer (civilian)
• Personnel Management Officer (military officer)
• My lawyer
• Myself

They explained my rights and the process.

My lawyer discussed the case and the conditions I was fighting for and asked me questions he had sent in advance.

Each board member only asked me one question.

The questions included:

• Current medications
• When the conditions and symptoms started
• Why my last evaluations were still good despite these conditions

After that, they asked if I wanted to add anything else. I said no.

They placed us back in a virtual waiting room and later returned with the decision:

They found my additional conditions unfit for duty.

I ended up with 100% DoD. However, retirement pay is capped at 75%, which is the maximum percentage the DoD uses for retirement pay calculations.

In my case, the FPEB took around 45 minutes, even though I was told it could be much longer.

IMPORTANT THINGS IF YOU HAVE A SIMILAR CASE:

1. EVIDENCE, EVIDENCE, EVIDENCE.
   Read your clinical notes and make sure they accurately reflect what you discussed with your doctors. Commander and supervisor statements matter a lot. If your condition affects you differently on certain days (migraines, chronic pain, mental health, etc.), keep logs and a personal statement.
2. The FPEB cares about DUTY IMPACT.
   The board is not going to find you unfit simply because you have a condition or because the VA rated it. They care whether the condition prevents you from performing your MOS and duties as a Soldier.
3. Permanent profiles carry a lot of weight.
   If you are already in the MedBoard process without a permanent profile, it becomes harder to obtain one. Some doctors told me their clinic did not allow them to submit permanent profiles during the MedBoard because they did not want to influence the FPEB decision. Still, talk to your doctors honestly, make sure your condition is properly documented, and request one if appropriate.
4. Do not lie.
   Be honest, but fight for yourself. If a doctor does not listen or care, change doctors if possible. Be direct and concise about your symptoms and explain HOW the conditions and symptoms affect your MOS and daily job performance. The Army will look for reasons to find you fit if they believe accommodations allow you to continue serving.
5. Focus on yourself and your future.
   If you already know your conditions prevent continued service and you are at the FPEB stage, your career is likely over. Forget about the job and the unit for a moment and focus on taking care of yourself and organizing your case.
6. Use only useful documentation.
   I had more than a thousand documents. I read through them and only sent the FPEB the ones that actually mattered. They do not have time to read your entire medical history.

The strongest evidence included:

• New permanent profiles
• Statements
• Clinical notes with strong wording
• Documentation showing performance issues
• Diagnostic documentation
• Procedure summaries

For my FPEB, I only submitted 11 documents.

1. In the FPEB hearing, be concise with your answers.
   Do not tell long stories or talk about unrelated things. Answer yes or no when possible, and if the question cannot be answered that way, be as direct as possible. Remember, everything you say can either help you or be used against you.
2. Be respectful.
   Maintain communication with your lawyer and PEBLO, and stay respectful even when frustrated. Most of them are trying to help, but they are overloaded and sometimes treat cases like numbers. Still, almost all of them do care.
3. Private attorneys.
   Some friends recommended hiring a civilian attorney specializing in IDES/FPEB cases. It is not a bad idea, especially if your assigned lawyer is too busy. However, it can be very expensive ($10K+).

At the same time, the lawyer assigned to you handles these boards every week and understands the system, the process, and often the board members themselves. Personally, I would recommend hiring a private attorney mainly if your case has major weaknesses such as:

• No permanent profiles
• Weak documentation
• Command saying you are fit
• Lack of supporting statements
• Missing duty impact evidence

1. Also, do not believe everything without verifying the regulations yourself.
   Do not blindly believe everything I am writing either. People will say many things. Listen to them, but DOUBLE-CHECK everything with the regulations. Do not fully trust ChatGPT or any AI. Go read the CURRENT regulations yourself. If it is not there, then it is probably not true.

FPEB members can be intimidating, but at the end of the day they are just following the rules. They are not your enemies. They are regular people doing a job, which is determining whether your conditions prevent you from doing your duties. Do not be scared. They were much nicer than I expected before going in.

I know this was long, but this entire MedBoard/FPEB process was very hard on me. Maybe somebody out there feels lost in this process, and hopefully this helps provide some clarity.

REMEMBER:
Every case is different.

Stay strong, and good luck to everyone going through this process.

 

[Joe Shmoe]

Hi, thank you for sharing. OSC counsels I have dealt with but for one have been subpar.

 

[teey]

Wait...you mentioned "Some doctors told me their clinic did not allow them to submit permanent profiles during the MedBoard"
So how did you get the "New Profiles" then?
Also besides Hearing at 10%
What other conditions were you able to add+ that = to the 100% DOD