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.
 
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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