Formal PEB hearing vs. VA

[AllKnowing]

I was told by my paralegal that if I go through with a formal hearing that they can take away from what I have already....i was given 20% with severance pay and VA is giving me 50%.
If I do the formal hearing can the take away from my VA ratings? Or what could happen? I don't know what to do not have any guidance.

 

[chaplaincharlie]

The FPEB can not change the VA. They can change the what the IPEB found fit or unfit. Percentage come from the VA, fit/unfit come from the DoD (IPEB/FPEB). So they could find you 10% or 0% for the DoD, but not for the VA.

 

[Warrior644]

I was told by my paralegal that if I go through with a formal hearing that they can take away from what I have already....i was given 20% with severance pay and VA is giving me 50%.
If I do the formal hearing can the take away from my VA ratings? Or what could happen? I don't know what to do not have any guidance.

Welcome to the PEB Forum!

Indeed, upon the start of any Formal PEB (FPEB) hearing, the original DoD IDES IPEB findings become voided and the President of the FPEB shall make his/her own DoD IDES decision (e.g., fit for duty, unfit for duty, severance separation with disability pay, or disability retirement (PDRL or TDRL)) as based upon all available medical evidence, medical documentation and/or medical testimony, if applicable.

To that extent, your DoVA proposed ratings shall not be affected by the FPEB; only your PEB-referred "unfit for duty" medical conditions are subject to review and adjudication. Hmm, do you have any other medical conditions which affect your ability to perform your assigned military duties. If so, then you can have those medical conditions reviewed also for a potential PEB-referred "unfit for duty" finding. Hope this helps and take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

 

[USMCJAG]

I was told by my paralegal that if I go through with a formal hearing that they can take away from what I have already....i was given 20% with severance pay and VA is giving me 50%.
If I do the formal hearing can the take away from my VA ratings? Or what could happen? I don't know what to do not have any guidance.

DoDM 1332.18-V1, August 5, 2014 Para 10, Enclosure 4: 1.d. (2) The PEB will apply ratings for unfitting conditions provided by VA to establish the Service member’s disability rating under the IDES and EDES processes.

If you have an unfitting condition, the PEB is supposed to use the VA rating. If the VA rated you at 50%, the PEB is supposed to rate you at 50%. Do the PEBs actually abide by this? HAHAHAHHAHAHHAHAH!

 

[VAJumper]

DoDM 1332.18-V1, August 5, 2014 Para 10, Enclosure 4: 1.d. (2) The PEB will apply ratings for unfitting conditions provided by VA to establish the Service member’s disability rating under the IDES and EDES processes.

If you have an unfitting condition, the PEB is supposed to use the VA rating. If the VA rated you at 50%, the PEB is supposed to rate you at 50%. Do the PEBs actually abide by this? HAHAHAHHAHAHHAHAH!

The problem is not all VA findings are considered "unfitting" by the DoD i.e. tinnitus, CPAP, etc.