What I wish I’d known
- Thread starter Usndocgreen
- Start date
Any case that is not straight forward needs early legal representation. The host of this forum is an attorney whose practice is limited to processes related to military retirement. You can send him a note at PEBLAWYER.COM
You probably already know the following (quoted material):
The Formal Physical Evaluation Board
If the service member does not agree with the (Informal) Physical Evaluation Board’s decision, they can appeal to the Formal Physical Evaluation Board for reconsideration.
Once an appeal, or “rebuttal,” is received, the Formal Physical Evaluation Board re-examines all the evidence and the Physical Evaluation Board’s original decision. After looking at the evidence, if the Formal Physical Evaluation Board agrees with the Physical Evaluation Board’s original decision, a formal hearing will be scheduled and the service member will have the chance to present evidence in person. If even after the hearing the Formal Physical Evaluation Board still agrees with the original Physical Evaluation Board’s decision, then it stands. The service member would then have to pursue higher avenues of appeal.
If, however, the Formal Physical Evaluation Board disagrees with the Physical Evaluation Board’s original decision at any time in the process, it can adjust the decision as it sees fit. Any changes made would override the original decision. If the service member is still unhappy with the changes that are made, they can then appeal to a higher authority.
The Physical Evaluation Board • Military Disability Made Easy <---LINK
Good luck,
Ron