Under the DoD Manual 1332.18, Vol. 2, the VA should be providing the final rating. If they are not, it should be challenged.
"4. TDRL REEVALUATION. VA will conduct and prepare rating decisions for veterans who were temporarily retired for disability in accordance with VA laws and regulations. On request from the Military Department, VA will provide a copy of the most current rating and the medical evidence upon which the most current rating is based in accordance with section 7332 of Title 38, United States Code (Reference (i)). If VA does not provide examination and rating information sufficient to adjudicate the veteran’s case or the VA exam is older than 18 months, the Military Department will execute required TDRL examinations and ratings in accordance with Reference (g)."
The bolded portion lays out the requirement. The underlined portion is where I think you see a potential "loophole" in the PEB's acting on cases. However, I think that there are other portions of the regulation that lay out steps that the PEB has to take BEFORE they undertake the re-examination and ratings.
She informed me that my case was a Legacy case, not IDES thus the reason for not using the VA ratings. However, I checked my initial MEB packet and it states on the first page (DA-5889) that my case is a DES Pilot Case with a case #. My packet includes a Joint/VA Disability Evaluation Pilot Referral. Isn't my case a Pilot IDES case and not Legacy? Thanks!
I emailed her a copy of the forms I mentioned and she told me she was going to pass it on to her case manager. I'll post their response as soon as I receive it. I thought my case was IDES so when she told me that it was Legacy it came as a surprise. If it wasn't for this forum I would have signed my DA-199 without question. Thanks for the info guys!! I'll keep ya'll updated!