Narsum Review with PEBLO

[akbanone]

Seems that I am in the same boat as you and therefore have had several discussions about this very same topic with the JAG SMEs. So far everything that they have advised me has worked so far. I think that if you talk to them you will get the promising answers you are looking for

 

[Jason Perry]

Jason,
I would like to do the appeal, appeal, appeal game but just dont exactly know the routine. Today I will be talking to the MEB/PEB lawyer.

Is this where I start the "stretch time" game?
Is it possible to stretch this a 1yr n 1/2?

As a result of many complaints about the processing times for disability cases, currently cases are moving much faster than in the past. So, I would not count on being able to stretch things out for a year and half ((though, I still see cases that are "outliers" and take a really long time to be processed to completion. Over the years, I have seen cases move very slowly- more than 5 years is the upper limit of case processing time I have seen; on the other hand, I have seen one case, with a General Officer select that got through the entire process in less than 2 months (MEB to PEB to approval of the findings). My point is that while based on average time, I have seen extreme difference in individual case processing times, so while I don't think you should count on it, you could possibly be an exception to the rule. DON'T count on it, though)).

I would think that it still makes sense to try to take advantage of any delays and appeals along the way and try to slow things down. But, I would not make that my main effort; what I think makes most sense is to prepare your case the best your can. I would be especially aware of making your initial decision about what outcome you fight for. I understand the impetus for asking for COAD. This may be a a good option for you. However, at the same time, if you submit an argument that you are fit, you may undermine your next best outcome- disability retirement. You do not want to fall into the situation of being at 18+ years and getting separated.

Can't really provide much more meaningful insight without knowing more about your case. I am glad to hear you are getting legal advice soon.

Hope all goes your way.

 

[Giosell]

AI feel like I may be asking generic questions bit here is another.

I had plan for a IMR(different physician to look at my packet), then after that returns, start working my diagnosis individually.

when I appeal, do I appeal about all my issues at once or can I play the STRETCH TIME game and appeal one at a time?

Do I start appealing before or after my ratings?

 

[Jason Perry]

AI feel like I may be asking generic questions bit here is another.

I had plan for a IMR(different physician to look at my packet), then after that returns, start working my diagnosis individually.

when I appeal, do I appeal about all my issues at once or can I play the STRETCH TIME game and appeal one at a time?

Do I start appealing before or after my ratings?

As far as your IMR and appeal to your MEB, you need to cover everything you want to raise...there are not multiple appeals. You can't just raise one issue, have an answer, then raise another issue, etc., ad infinitum. You need to raise everything in one shot. It could be, depending on the issues you raise, that your case takes longer than others.

Do I start appealing before or after my ratings?

Not sure what you mean- appeal everything you disagree with (but, note, you should not waste time on frivolous matters, or things that will undercut your main issues). Wish I could give you more input, but each case is really case specific.

Hope all goes your way.

 

[Giosell]

Everyone listen to JASON PERRY. He hit the nail on the head. I went to see the MEB/PEB Lawyer and he stated the same thing about "NOT BEING PROTECTED EVEN IF YOU HAVE 18YRS OR MORE". He did say that the more time you have after 18yrs the better the chances of approval but not always certain.

Thanks for your hard work Jason

My lawyer is putting my packet through IMR as of today due to a lot of errors, concerns thatHim and I found.

 

[Giosell]

Jason,
How many times can I appeal before I recieve my rating?

Also, can I appeal after I receive my rating?

 

[Jason Perry]

Jason,
How many times can I appeal before I recieve my rating?

Appeal what? You can't appeal your rating before you receive it. If you mean your MEB, you can appeal that once (preferably after requesting an impartial review).

Also, can I appeal after I receive my rating?

In the IDES, there is a one time rating reconsideration request while you are prior to final disposition (you can appeal again once you have achieved Veterans status, i.e., you are separated or retired. As to fitness findings/PEB, you can "appeal" the IPEB by demanding a Formal hearing. After that, you have one more appeal available to the review authority (the nomenclature depends on what branch) while you are still in service. Afterwards, you can appeal to the BCMR/BCNR or sue in Federal Court.

 

[Giosell]

Jason,
Ok well I was asking because from talking to different soldiers, all I hear is appeal, appeal and appeal.

With me just hitting 18yrs od service in April I am just trying to see how I can buy time. Right now I am on Level 4, so my goal is to get as close as possible to all this MEB being over by the earliest December. The longer the better though. I know no one is protected but the more time I can have, the better the chance with COAD.

Any suggestions on bying time Jason?

 

[Tank7901]

Jason,
Ok well I was asking because from talking to different soldiers, all I hear is appeal, appeal and appeal.

With me just hitting 18yrs od service in April I am just trying to see how I can buy time. Right now I am on Level 4, so my goal is to get as close as possible to all this MEB being over by the earliest December. The longer the better though. I know no one is protected but the more time I can have, the better the chance with COAD.

Any suggestions on bying time Jason?

Does anyone have any insight as to the chances of getting a COAD approved? I have heard various things. I have 19 years in, and am awaiting a FPEB hearing date. I am pretty nervous about the COAD seeing as the economy is in the dumps and the Army is downsizing. Any thoughts?

 

[PEBLO11]

I have worked 4 COADs in the last two months and every one of them was approved. Three had 19 years in, one had 17.5 years in. Remember, there is a new requirement to have an O-6 in your chain of command write a letter/memo recommending you for COAD. I'm fairly sure this was added to weed some out. You shouldn't have any problems TANK7901, unless you can't produce the required letters of reference. I usually start my guys, that I think may do a COAD, getting those going as soon as I possible after starting their cases.

 

[PEBLO11]

I might add that many times, you will want the COAD even if you are eligible for disability retirement. If you have at least 50% from the VA and 20 years, you would be eligible for CRDP. It makes sense to do this if you are not going to be eligible for CRSC. You'll have to look at your own circumstances to see if it makes fiscal sense for your situation. Just an additional thought. I would certainly talk it over with your PEBLO and have them crunch the numbers for you.

 

[Tank7901]

I might add that many times, you will want the COAD even if you are eligible for disability retirement. If you have at least 50% from the VA and 20 years, you would be eligible for CRDP. It makes sense to do this if you are not going to be eligible for CRSC. You'll have to look at your own circumstances to see if it makes fiscal sense for your situation. Just an additional thought. I would certainly talk it over with your PEBLO and have them crunch the numbers for you.

Thank you so much for the reply. That is the main point for my appeal to be found fit, or COAD if the appeal is denied. I want to reach 20 years so I can qualify for the CRDP. I have the letters from my command; so the O-6 letter is not an issue. I may even have some GO support seeing as the commad structure of my organization is so unique. I thank you again for the encouraging response and your insight. I was getting pretty worried about everything being automatically denied since I am so close to my 20 year mark. Have a great day!

 

[PEBLO11]

Glad it puts your mind somewhat at ease. Good luck!