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New Military Disability Law Goes into Effect
#102220 02/17/07 01:08 PM
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This week a new section of Chapter 61 military disability law went into effect. The new section, 1222, helps reform the Physical Evaluation Boards. A key part of section 1222 is a requirement for PEB's and other DES appeal elements to address, in the documents that convey the finding of the board, the issues raised by the service member in "an orderly and itemized fashion". This part of section 1222 is below.

‘‘§ 1222. Physical evaluation boards

‘‘(a) RESPONSE TO APPLICATIONS AND APPEALS.—

The Secretary of each military department shall ensure, in the case of any member of the armed forces appearing before a physical evaluation board under that Secretary’s supervision, that documents announcing a decision of the board in the case convey the findings and conclusions of the board in an orderly and itemized fashion with specific attention to each issue presented by the member in regard to that member’s case. The requirement under the preceding sentence applies to a case both during initial consideration and upon subsequent consideration due to appeal by the member or other circumstance.


It is important to take advantage of this new law as you progress through you physical evaluation boards and appeals. It is my recommendation that as part of your PEB boards and written appeals, you itemize your issues for the board to address in a style similar to the following:

In accordance with the provisions of 10 USC 1222a, I am presenting the following issues for the board to answer in an orderly and itemized fashion.

1. ….

2. ….

3. …..


By forcing your board to address your issues, you can perhaps shepard them into a just decision. If not, you will help build your case for further appellant actions by documenting their positions and errors. The PEB's are notorious for not addressing issues that run counter to their decisions. This new law will force them to do just that.

The entire new law is below. Happy Birthday 1222!


Regards,

Mike


‘‘§ 1222. Physical evaluation boards

‘‘(a) RESPONSE TO APPLICATIONS AND APPEALS.—

The Secretary of each military department shall ensure, in the case of any member of the armed forces appearing before a physical evaluation board under that Secretary’s supervision, that documents announcing a decision of the board in the case convey the findings and conclusions of the board in an orderly and itemized fashion with specific attention to each issue presented by the member in regard to that member’s case. The requirement under the preceding sentence applies to a case both during initial consideration and upon subsequent consideration due to appeal by the member or other circumstance.

‘‘(b) LIAISON OFFICER (PEBLO) REQUIREMENTS AND TRAINING.

(1) The Secretary of Defense shall prescribe regulations establishing—

‘‘(A) a requirement for the Secretary of each military department to make available to members of the armed forces appearing before physical evaluation boards operated by that Secretary employees, designated as physical evaluation board liaison officers, to provide advice, counsel, and general information to such members on the operation of physical evaluation boards operated by that Secretary; and

‘‘(B) standards and guidelines concerning the training of such physical evaluation board liaison officers.


‘‘(2) The Secretary shall ensure compliance by the Secretary of each military department with physical evaluation board liaison officer requirements and training standards and guidelines at least once every three years.

‘‘(c) STANDARDIZED STAFF TRAINING OPERATIONS.

—(1) The Secretary of Defense shall prescribe regulations on standards and guidelines concerning physical evaluation board operated by each of the Secretaries of the military departments with regard to—

‘‘(A) assignment and training of staff;
‘‘(B) operating procedures; and
‘‘(C) timeliness of board decisions.

‘‘(2) The Secretary shall ensure compliance with standards and guidelines prescribed under paragraph (1) by each physical evaluation board at least once every three years.’’

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

(b) EFFECTIVE DATE.—Section 1222 of title 10,

United States Code, as added by subsection (a), shall apply with respect to decisions rendered on cases commenced more than 120 days after the date of the enactment of this Act.

Re: New Military Disability Law Goes into Effect
#102221 02/17/07 02:28 PM
Joined: May 2004
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It's a step in the right direction!


AS/PsA DX in 1988

Retired on disability
in 2005 at age 44

Moderated by  ElinAslanyan 

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