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appeal process

jps

Member
Registered Member
I am in the navy and just received notice that my package was sent to the va for a disability rating so I’m guessing that is a 99% certainty I have been found unfit.... what I would like to know is if I appeal my percentage and still do not get the amount I prefer can I appeal again or do I have a limit to how many times I can appeal? If anyone has insight on this it would be greatly appreciated.
 

rickman

PEB Forum Regular Member
PEB Forum Veteran
You really don't have control in preferring disability percentages. It should be based on a fair review by the board. In the IDES, you can do the following if you do not agree with the IPEB findings (I am not 100% sure of all options):

1. Agree with IPEB findings
2. Request an Impartial Review (you will lose you formal review option)
3. Request Formal PEB

If you go to FPEB:

1. Agree with FPEB findings
2. Request for an Impartial Review (you will lose you formal Secretary review option)(not 100% sure this is an option)
3. Request Service Secretary level review

If you go to Service Secretary level review:

1. The only option if you do not agree with those findings are:
a. File for BCMR review (preferably first) OR:
b. File case in Federal Court of Appeals (can be done instead of/after BCMR review) - but if you file here first, you cannot go back to BCMR (not 100% sure)

Each of these options have a deadline if you decide to go to the next level. I would strongly advise you obtain good legal counsel if you decide to go beyond the IPEB level.

If anyone has more accurate info - please chime in!!!
 
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