That is correct. If you agree with the fitness findings, you agree and request the rating reconsideration. You are allowed to request the DVA review once, either at the IPEB stage or after the FPEB hearing.
This is a very interesting issue and one that I don't think has been ironed out yet. I believe that the same process should attach to the DVA rating process in the Pilot Program as any other case. That is, the Board of Veterans Appeals should have jurisdiction over appeals of these original rating decisions.
I just find it hard to belive that the Army is stating on my DA 199 that both my conditions where while entitled to basic pay, and the VA states one of my conditions is not service connected.
I will keep everyone posted my my process.
I got my results from VA reconsideration back. No change. I was told the only thing I can do is file an appeal to the VA.
My PEBLO and AMVET rep don't understand what is going on. The Army states I have both conditions and they happend on active duty.
I was told I should contact a lawyer.