Morning Jason. I've gone through the informal PEB with an unfit based on my previous neurological issues, a negative Command NMA and a 100% P&T from the VA. I asked for a formal PEB and reaching out for 0-8 signatures with 0-6s and E-9s helping. If the formal changes to a fit, will the VA ever get another look at me and reduce my percentages?
Wierd and Possibly Dangerous Situation
- Thread starter (ETNCS) Blake
- Start date
What branch, Active Duty, Reserve or Guard? How many years in service? If Guard or Reserve how many good years and how many AD equivalent years. Usually P&T means that your conditions are stable and they don't expect it to change. Based on having a VA ratings I am guessing you are Guard or Reserves. If so did you select IDES? LDES? IDES with instructions to only evaluate for DOD purposes?
Active. Just under 19 years. Waiting for the formal to be scheduled. IDES chosen. MEB lawyer said they can’t change to fit. We’ll see.
What branch? Even if unfit there is a path to stay in. In the Army its called COAD but other branches have similar programs. I would get the packet ready to try to be retained to finish at 20 years exactly. To hedge your bets I would try to get the highest DOD% as possible to limit your downside risks if your branch won't keep you in to reach 20 AFS. I would try to add conditions at the Formal. Trying to get fit via formal would be risky because if you don't get fit for duty and you minimized your condition then your DOD% can be low and you would end up with no retirement and a severance check in its place.
If you are found fit and you accept, it is exceedingly likely that you will have to undergo the VA C&P examination process again. VA exams go "stale" after 365 days, by policy. Therefore, unless the timing of your longevity retirement aligns perfectly with the date of your current VA exams, your current disability ratings will be moot.
I hope this helps.
S/f,
Joel
Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.