PDES Pilot program Election

celect

PEB Forum Regular Member
PEB Forum Veteran
If I agree with the IPEB findings of unfit and not the VA rating how should I how do I fill out this page of DA 199. I was told to concur with the IPEB findings and to request a DVA reconsideration.

 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
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.
 

celect

PEB Forum Regular Member
PEB Forum Veteran
Thanks Jason,
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.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
Seems highly unlikely that the VA decision would stand. Best of luck!
 

celect

PEB Forum Regular Member
PEB Forum Veteran
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.
 
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