Difficult Decision as to Whether or Not To Hire a Private Lawyer for Formal PEB Hearing

(Don’t take our word on why to hire CitizenSoldier. This Navy Aviator put it in his own words)

Below is the actual email post-formal Navy PEB.  It is not easy for us to provide advice to a client, facing a formal board, to opt for us and to proceed without a “free” attorney.  However, in your case, your lifetime military pension benefits and Tricare for you and your family, may cause you to retain us.

Your government-assigned attorney is responsible for these presentations on a full-time basis and should be excellent at their responsibilities.  Each of these government lawyers is licensed by their respective States to practice law.

What is less than ideal, however, is that government-assigned PEB lawyers are not reviewing your file until 10 or fewer days prior to the presentation of your entire military career and medical conditions to an adjudicatory panel.  Some cases are complex and no case is simple since a military career is involved and your future retirement. Our paralegals, lawyers and doctor on staff are with you from the beginning until you are discharged and beyond.

As the case below described, 15 minutes of preparation with your lawyer is unacceptable.

We believe that the continuity that you gain by having the same lawyer for the Medical and Physical Evaluation Boards can be worth the price.  Our office is also experienced with a VA Ratings Reconsideration, if necessary in your case, otherwise known as VARR, and we also consider the implications for an application for Combat Related Special Compensation (CRSC).

We do not forget to present key evidence, as happened in the case described in the below email, especially when we help our clients obtain and develop that evidence and facilitate independent  medical examinations in the first place.

In the case below, presented to a formal Navy PEB, the lawyer neglected to introduce a key expert’s report.

—–Original Message—–

From:

Sent: Wednesday, August 21, 2024 12:26 PM

To: Thomas Roughneen <thomas@citizensoldierlaw.com>

Cc: Benjamin Grodi <benjamin@citizensoldierlaw.com>

Subject: The FPEB and what’s next

Thomas,

Thank you for the email on Monday. I appreciated the encouragement and it was very well timed. The board went…well, I think? The government counsel prepared a petition listing 8 different potentially unfitting conditions for consideration, based on the original disability determination from the VA. I explained as best as I could in the moment why I felt that each of the conditions prevented me from continuing to do my primary duty. The board members seemed receptive and sympathetic to my testimony but, who knows. The deliberations are apparently in progress now (probably already concluded) but the results won’t be available for a week or more apparently.  My PEBLO indicated it could be as long as two months…This is ridiculous! More waiting and uncertainty…

While I am cautiously optimistic, I’m doing everything I can to manage my expectations in case this case has to go to an appeal.

Speaking of which, if that happens, God help us, I believe I would prefer it if your firm handled the appeal (emphasis added by blog author).

I was not happy with the government counsel’s handling of the case.

He was late preparing and submitting the petition which was due at 1200 the day before the board. He submitted it around 1300 and I hadn’t had a chance to review it. He left out several key pieces of evidence including, most significantly, [the psychiatrist’s] outstanding IME! He attempted to submit it later that afternoon but the board rejected it. I referenced it during the testimony but they didn’t review it in their deliberations.

I also received very little in the way of prep. We spoke on the phone for about 15 minutes after he sent the petition the day before and that was it. Now I completely understand this was due mainly to the huge caseload that he is/was dealing with but I still was a little upset by it all. All that being said however, if things go the way we hope they do, this probably concludes our business together.

Once again, I send you and your team my overwhelming gratitude for your advice and counsel in this whole process. God willing, it will be over very soon.

With kind regards,

Naval Aviator (16 years of honorable service)