Generally, within a matter of weeks after the PEB receives the MEB Proceedings Packet, the Servicemember will receive their DA Form 199 (Informal PEB Proceedings) from the PEBLO, who will advise the Servicemember they have the right to consult with regularly assigned counsel, or counsel of their choice at no expense to the government. This document details whether the Servicemember is “Fit for Duty” or “Unfit”. If “Fit for Duty”, there are no ratings for DoD or VA.  If the Servicemember is “Unfit” for claimed conditions, the PEB will assign the VA’s rating all unfitting conditions. It is this rating that determine whether a Servicemember is separated with or without benefits.

Separated Without Benefits (SWOB) – If there are conditions determined by the PEB to be “unfitting but not service connected” the Servicemember will be SWOB. There will be no severance pay, no PX, Commissary, or Post privileges.  

Fit for Duty – The Servicemember is fit to continue military service.

Separated with Benefits (SWB) – This occurs when the “unfitting condition(s)” are rated at a combined 20% or less. The Servicemember is “separated with severance pay”. There is no Tricare, Commissary, PX or Post privileges.

Permanent Disability Retirement (PDR) with a combined 30% rating or higher for “unfitting conditions” on the DoD side.

Temporary Disability Retirement List (TDRL), generally used for Behavioral Health conditions like PTSD, with a 50% rating on the DoD Side, and a re-examination scheduled 6 months to a year for that condition.

All Servicemembers who are found unfit with duty related conditions will receive ratings for all claimed conditions. They will also receive a VA Rating Decision with the VA’s explanation of why the conditions were rated at XX%.

If the Servicemember agrees with the PEB informal findings, the Servicemember signs the DA Form 199 concurring with the PEB findings, and generally, within a month or so, they receive separation/retirement orders.

If the Servicemember disagrees, they can non-concur, with or without a written appeal, or demand a formal hearing without or without an appeal, or submit a VA Ratings Reconsideration Request (VARR). For DoD, we can only do VARRs for conditions found “unfitting”.

Informal hearings: The PEB has an ‘informal PEB review panel’ that will, generally on a written request, review a Servicemember’s file to determine whether a different outcome is possible and can be medically supported. Those appeals are usually to add additional condition(s) as ‘unfitting’ with the intent of getting to 30% and medical retirement, or occasionally, to find a condition ‘fitting’.

If the request is approved, then the Servicemember generally will be counseled on the available options.

If the appeals are unsuccessful, then there will be “formal hearing” if the Servicemember does not waive.  

Formal Hearing: The PEB is composed of a board president, board provider, and a Personal Management Officer (PMO). The Servicemember has a right to be represented at this hearing by regularly assigned counsel or counsel of their own choosing at no cost to the government. At the formal hearing, the Servicemember’s counsel introduces evidence – Servicemembers testimony and/or statement, new medical records, performance records, physical fitness test scores, buddy and spouse statements, etc. they believe supports their argument whether a condition meets or does not meet retention standards. The PEB adjourns and generally, after an hour or so, they return with their decision.

If the outcome is not favorable, the Servicemember can request an in-person hearing on appeal or submit a written appeal.

If you need assistance with an Integrated Disability Evaluation Board (IDES), contact us at 254-699-9999 or complete our IDES/MEB/PEB INTAKE FORM at https://militaryveteranlaw.com/ides-meb-peb-intake-form.