Appealing the Navy/Marine Corps Formal PEB decision. -Timeline?

ctsusmc

Registered Member
Received the decision from my appeal to the Formal PEB today. They not only didn't give me the bilateral upper radiculopathy associated with the cervical DDD that the IPEB found unfitting (but didn't include) or the bilateral lower radiculopathy for my lumbar spondylosis... instead they now say that my cervical condition isn't unfitting at all. My attorneys are putting together a plan to appeal the formal board decision. Does anyone have experience with this that could estimate the timeline?
 

Camp P Marine

PEB Forum Veteran
Registered Member
I would inquire with the attorney at the PEBLO office to see if you are found unfit, if TERA is an option. I've heard of several E6-E7s with 15+ years of service getting it, after waiving the medical retirement/separation.
You would have to wait to act until the findings are back from IPEB, but I would inquire now to see what options are currently available.

Other options include request for FPEB if other conditions should be unfitting in your opinion.

VA Reconsideration Request with new and material evidence for your unfitting condition.

Schedule of ratings eCFR — Code of Federal Regulations

If you make retirement (medical), CRSC would be another program available to restore some of your waived retired pay. If you get the TERA, CRDP would be automatic and likely a higher amount based on your O4 base pay than CRSC. CRSC is however, tax-free, so another factor to consider. Ie. 1000 taxable < 990 tax-free.

Best wishes.
 

ctsusmc

Registered Member
I would inquire with the attorney at the PEBLO office to see if you are found unfit, if TERA is an option. I've heard of several E6-E7s with 15+ years of service getting it, after waiving the medical retirement/separation.
You would have to wait to act until the findings are back from IPEB, but I would inquire now to see what options are currently available.

Other options include request for FPEB if other conditions should be unfitting in your opinion.

VA Reconsideration Request with new and material evidence for your unfitting condition.

Schedule of ratings eCFR — Code of Federal Regulations

If you make retirement (medical), CRSC would be another program available to restore some of your waived retired pay. If you get the TERA, CRDP would be automatic and likely a higher amount based on your O4 base pay than CRSC. CRSC is however, tax-free, so another factor to consider. Ie. 1000 taxable < 990 tax-free.

Best wishes.
Thanks, but that in no way answered any part of my question... I'm already past the IPEB & FPEB... I am going to appeal the FPEB decision because it's worse than the IPEB.
 

oddpedestrian

PEB Forum Veteran
Registered Member
Maybe some deal will be reached between them and your attorney but that is the risk you take when you appeal to the formal board. I was pissed my extensive migraine record wasn't considered unfitting but since other conditions were I didn't want to risk it before the FPEB. Also, there is no more TERA since Dec 2018
 

ctsusmc

Registered Member
My attorney's submitted a Petition for Relief (PFR) to the Director, Secretary of the Navy Council of Review Boards this past Friday, March 8th. Now we wait and see if the Director changes the findings, or if we will be taking it to Federal Appeals court after I get out. Either way, when the decision comes back I'll be submitting for a VA Ratings Reconsideration. Anyone know if the new "Rapid Appeals Modernization Process" (RAMP) is any faster? What are the current timelines for ratings reconsiderations?
 

oddpedestrian

PEB Forum Veteran
Registered Member
If everything is fitting are you about to ETS or retire? You haven't received any VA proposed ratings yet correct? If not you would be filing an initial claim if you dispute your VA ratings you can file a supplemental claim with new and relevant evidence to support the rating you want average is about 125 days.
 

johnbgately

PEB Forum Veteran
Registered Member
The timeline for receiving responses from the CORB to PFRs varies from a few days to a few weeks- the Navy has one of the fastest turnarounds on FPEB appeals of all of the armed and uniformed services. Quick question though- in following the thread, it looks as though you have been found Fit. Is that correct- was the c-spine DDD the only condition previously found unfitting by the IPEB? If so, then it could be a very fast turnaround, as your Code 16 or civilian counsel may have already told you. However, I suspect that they will try to slow down the train and speak directly with the Counsel for the Executive Director of the CORB to press the issues raised during the hearing, in your previous submissions and in the PFR itself. Be sure to ask your Counsel for a copy of the audio recording, as this is the only real record of what occurred ruing the hearing if needed for the BCNR.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top