I was finded as unfit and rated at 20% with Severance Pay by the Physical Evalution Board due to Joint Pain in the Left/Right Ankle. Status post Ankle/Foot Instabilty in the Left and Right Foot and Other Complications due to other Internal Ortho Devices and Implantations. I honestly believe what they rated me at is to low. I would like to know what procedures or measures I could take before signing my paper work to get out to keep my I.D. and benfits? Or what could I do to get 40% or more?
Has anyone every been unfit and removed from Active Duty by the Physical Evaluation Board?
- Thread starter oliviajayden
- Start date
Welcome to the PEB Forum!
Indeed, at this particular point in time, it is highly suggested that you immediately contact a PDES attorney for a review and recommendations of your IDES case file. That said, your assigned PEBLO should have the contact information of your military branch of service's IDES legal office. Otherwise, at your own expense, you could retain the services of a seasoned PDES attorney.
In my experienced opinion as based upon the aforementioned comments in reference to your receipt of IPEB findings, if there only exist a disagreement with the DoD 20% disability rating then you may submit a VA Rating Reconsideration (VARR) written request with updated medical evidence/documentation using a PDES attorney's assistance (highly recommended) via the IDES PEB showing that your PEB-referred "unfit for duty" medical condition meets a higher disability rating as annotated in the criteria of the 38 CFR VASRD. Then, the IDES PEB will review the VARR written request to validate it meets all regulatory eligibility requirements. If it is accepted by the IDES PEB, then the VARR shall be forwarded to the DoVA D-RAS for reconsideration by a Decision Review Officer (DRO). Upon reconsideration completion by the DRO, the DoVA D-RAS shall forward the results of the VARR written request back to the IDES PEB then your assigned PEBLO should present the VARR results to you soon afterwards.
Otherwise for a potential opportunity to receive a higher DoD disability rating, if you believe there exist other medical conditions which should be considered "unfit for duty" or should have been considered "unfit for duty" by the IDES PEB then you can request a Formal PEB (FPEB) hearing after accepting the IPEB findings. If the FPEB hearing course of action is chosen then it's best to wait until the completion of the FPEB hearing in order to submit a VARR request. Why? Because if the FPEB determines that additional "unfit for duty" medical conditions are validated and a DoD disability rating can be adopted from the already-provided DoVA D-RAS ratings decision documentation but you disagree with the DoD disability rating, then the VARR written request could also include the additional PEB-referred "unfit for duty" medical conditions approved by the FPEB.
Then, a consolidated VARR written request shall be forwarded to the DoVA D-RAS for reconsideration by a DRO. Upon reconsideration completion by the DRO, the DoVA D-RAS shall forward the results of the VARR written request back to the IDES PEB and your assigned PEBLO should present the VARR results to you soon afterwards. Take care, and have a great Veterans Day!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
If you believe the percentage is too low ask for a VARR. The VA will re-rate your condition. The AF must use the VA percentages.