Physical Evaluation Board Forum

Today I found out my PEB cam back unfit but at 10%. I have a few questions
(1) What's the longest I'll still be in?
(2) The "separation pay" is that a loan?
(3) Is it me or does the VA give better rates?
Semper Fi!

PH1172,

First, welcome to PEBFORUM!

1) It depends on a a few things. Did you get your PEB finding at the IPEB or FPEB? If at the IPEB, you could demand a formal and it would take that much longer. But if you were found unfit at the FPEB, it will probably not be longer than three months. I give this as a rough estimate. The PEB has to forward your case to Navy Council of Personnel Boards, they have to approve it, then get your orders cut. You will have transition, outprocessing, maybe Permissive TDY. This link has Army Timelines, but it should track USMC cases because the goals are DOD-wide.

2) It's a loan in the sense that with less than 20 years your VA compensation is off-set dollar for dollar.

3) It is sort of conventional wisdon that the VA gives better rates. But this is not always so. While rare, you can end up with a bad rating decision lower than DOD and it may take years to sort it out, if ever. The main factor with VA ratings being higher, though, is that the VA compensates for ALL compensable service connected conditions. DOD components only compensate for unfitting conditions. So in many cases, DOD starts its rating decison with less conditions on the table. Also, VA rates over time, so if a Vet tells you they are 70% rated by VA but only 10% rated by DOD, you have to ask if the 70% was the original rating. Oftentimes the higher rating is after many years, so in that case you are comparing apples and oranges.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Jason,
Do you know how they come up with the sep pay chart or %? I have PTSD and my buddy received the same rate but went to the VA and got 50% that a big jump. Thanks for the info and for the awsome site.
Semper Fi!

Hey Marine, I shot you a private message. Looking for how the process was in the Corp, I am about to go through it....
Thanks

Here is the thread on VASRD ratings for mental disorders. Included is Table 8, which will give you a rough guide for many of the criteria. Be aware, though, that I think a consequence of the 2008 NDAA will be an eventual correction in the lowball ratings.

Glad to help! Please pass the site along to anyone else you know who could benefit.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Jason,
If I rebut, how hard is it to get the 20 extra %? I have 3 Doc NMA that was not included in my package that may make a difference. I just don't know if it's worth it. Thanks again.

PH1172,

Let's talk about three things: ease of increasing the rating, worth of doing so, and risk.

Ease- it is impossible for me to say in your case how easy it will be, because the facts of each specific case drive the answer. But as a general matter, DOD-wide, I believe that it is a bit of an uphill battle to get to 30% at the PEB level. Not to say that it is impossible, just sometimes difficult. Now, you mentioned having additional evidence. If relevant, that may make all the difference in the world.

Worth of fighting for 30%- First off, the healthcare for you and your eligible dependents is very valuable. Here are some figures from the Congressional Budget Office:

"The present value of TRICARE For Life coverage is $172,000 for a service member retiring in 2004.(1) That figure includes both the value of the service member's own coverage as well as the value of coverage for his or her dependents (but it does not include the value of the benefits the retiree and his or her dependents will receive before reaching age 65). Because health care costs are expected to grow faster than inflation, by 2020 the value of TRICARE For Life for a new retiree will reach $319,000 (in 2002 dollars). "

While currently you face an offset for every VA dollar awarded (unless you are eligible for CRSC / CRDP ) you will have the DOD benefit available immediately to you. Your VA case may take some time to sort out, especially if you appeal.

You are eligible for other DOD retiree benefits, including use of PX/BX, Commissary, and MWR activities.

Finally, the law may change making concurrent receipt of benefits open to more Servicemembers.

All in all, there are many good benefits to getting retired.

Risk- Once found unfit, there is no difference as far as your separation award between a 0%, 10%, and 20% rating. So, there is little risk to fighting for a higher award. This is much different than having a 30% rating in hand and by disagreeing, risking being downgraded to less than 30%.

Overall, the facts of your case should drive your decision. But generally speaking, it is worth fighting for a higher rating if the facts support such a rating.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Jason,
Thank You, I might have to take that gamble. I just didn't want to stay in any longer but I feel that the rebut will push it back another 4-6 weeks on top on everything else.
Semper Fi!

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We are the unwilling led by the unqualified doing the unimaginable for the ungrateful, we are Marines!

Jason,
I'm going to rebut but my case worker told me that I'm going to a formal hearing since one of the new doctors I have found out the I might have meniers disease and wants further testing after I have to turn everything for the rebut. Should I turn in what I have now and wait until it returns for the formal or ask for the fromal now to give me that time that one doctor needs?
Thanks,

__________________
We are the unwilling led by the unqualified doing the unimaginable for the ungrateful, we are Marines!

PH1172,

I am not sure exactly what you mean. By caseworker, you mean your PEBLO, I assume. If they are telling you that you are going to a formal hearing, I further have to assume that is coming from the Medical Member of your PEB. So, in that case, they will have to recess your case or return it to MTF.

But if you mean that one of the MEB doctors discovered something new, then the proper course would be for them to recall the case to MTF to address new issues.

But if there is some other scenario where they are not mandating a formal(a very unusual case if they did require one, but possible) but more instead another doctor outside the process has identified a disqualifying condition, I would say that you have to demand the formal as they will process your case as an acceptance otherwise. The doctor at the MTF should be able to contact the MEB / PEB (perhaps through the PEBLO, but directly as well) to express concerns and perhaps recall the case. But if they are not, you must demand the formal. Otherwise your case will be processed and you will have to resort to administrative appeals after your separation to fight for a higher rating.

I hope this made sense, please clarify the situation if I have missed something.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS