Can a formal board be appealed?

C

Coffeeaddixt

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Background:

Found unfit at the IPEB. Requested a formal board to be medically retired since was found unfit at 0% DOD, 90% VA. Wanted my 30% DOD for medical retirement....

But was fit at Formal Board.

can a formal board be appealed?

background: 5 years of service in the Navy, E-5, referred for major depressive disorder
 
Coffeeaddixt said:
Background:

Found unfit at the IPEB. Requested a formal board to be medically retired since was found unfit at 0% DOD, 90% VA. Wanted my 30% DOD for medical retirement....

But was fit at Formal Board.

can a formal board be appealed?

background: 5 years of service in the Navy, E-5, referred for major depressive disorder
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Your rating percentage is the issue. That's the VA not Formal Board. Why did you appeal to the Formal Board instead of requesting a VARR? The VARR is the one that gets your rating looked at and possibly increased. Now that the formal board looked at it they said you were fit which makes sense since a 0% rating means your condition is under control with medication. So requesting a Formal Board was the wrong way to go. Did you consult your attorney before taking this action? This doesn't make sense to me.
 
Provis said:
Your rating percentage is the issue. That's the VA not Formal Board. Why did you appeal to the Formal Board instead of requesting a VARR? The VARR is the one that gets your rating looked at and possibly increased. Now that the formal board looked at it they said you were fit which makes sense since a 0% rating means your condition is under control with medication. So requesting a Formal Board was the wrong way to go. Did you consult your attorney before taking this action? This doesn't make sense to me.
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The 0% rating was DOD, how could that be changed through a VARR if it’s DOD and not VA?
 
Coffeeaddixt said:
The 0% rating was DOD, how could that be changed through a VARR if it’s DOD and not VA?
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The DOD uses the VA rating by law. So if 0% for mental disordered is the unfitting condition then you can appeal that rating through a VARR. You should not have done a FPEB. Now that you are found fit you have very few options.
 
Agreed with Provis. I'm not sure you have many options/if any at this point. I'm sorry to hear you did not get the outcome you wanted.
 
If a person has a 0% MH finding, which means there is no social or OCCUPATIONAL impairment, one ought to be wondering how the PEB found that unfitting.
 
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