peb dtap csc parker
TRANSCRIPT
DISABILITY TRANSITION ASSISTANCE
PROGRAM
PHYSICAL EVALUATION BOARD LIAISON OFFICER :
CSC (SS) JOHNNY PARKER
PEBLO Office Information
• Phone number:– COMM: (301) 295-2175– DSN: 295-2175– FAX: (301) 295-4333
• E-MAIL:
IDES Process
04/13/23 3
Important WEB sites:
• PEB: www.hq.navy.mil/ncpb/peb/physical_evaluation_board.htm
• VA: www.va.gov
• Navy: www.bupers.navy.mil
• Marine: www.usmc.mil• Schedule for Rating Disabilities:
www.warms.vba.va.gov/bookc.html• Tricare: www.tricare.osd.mil
Instructions• TITLE 10, UNITED STATES CODE• DOD Inst 1332.18 (38, 39) - DOD DES• SECNAVINST 1850.4E - Disability Evaluation Manual• OPNAVINST 1900.2 - TAMP• MCO P1754.5 - TAMP• MCO P1900.16 – Separations Manual• MILPERSMAN 1910-120• MCO P1070.12J - IRAM• VASRD - VA guide for rating disabilities • ManMed - Chap 15 (PE) & 18 (MedBd)
Mission of the Physical Evaluation Board
• Maintain a fit military force and protect the interest of the government!
• To determine fitness for duty.• To rate members whose injuries/diseases are
incurred or aggravated while in receipt of basic pay.
• To compensate members who are unable to complete their careers and to qualify for normal retirement benefits.
• To ensure member’s right to a full and fair hearing.
COMMON MISCONCEPTIONS!
DIAGNOSIS DOES NOT EQUAL DISABILITY!
Common Misconceptions
• Thinking that the medical board report is the final answer?! The medical board does not have cognizance to make a fitness determination or establish any rights to benefits. It simply states the member’s present state of health.
General Information
• You are not UNFIT just because the physician thinks you are (PEB determines).
• Be leary of advice given by personnel outside of the DES process. The PEBLO is the duty expert on the DES.
• Rating not required by DOD/PEB to be rated by the VA.
• DOD
* Determine a service member’s medical fitness
for military duty
* Compensate for a loss of military career earnings
• DVA
* Determine service connection of disability
* Compensate for the loss of future civilian earning capacity
DOD Vs. DVA System
FIT Vs. UNFIT Policies
• The sole standard to be used in making determinations of physical disability as a basis for retirement or separation is:
“Unfitness to perform the duties of office, grade, rank, or rating , to include duties during a remaining period of reserve obligation.”
*SECNAVINST 1850.4E
Fitness Vs. Suitability• Fitness: Fit to continue Naval Service based on evidence which establishes member can reasonably perform duties of his/her office, grade, rank or rating. “Mere presence of a diagnosis is not synonymous with a disability.”
SECNAVINST 1850.4E
• Not necessarily within their specialty or MOS/NEC
• May not be Fit For Full Duty
• Eligible for appropriate assignment
•CAN YOU RESONABLY FULFILL YOUR EMPLOYMENT ON ACTIVE DUTY?
Fitness Vs. Suitability
• Suitability: “… meets all requirements for an overseas, remote duty or operational assignment.”
BUMEDINST 1300.2, encl (1), pg 6
• Fit finding does not mean member is suitable for:
- Deployment, PFT, or Special Duties (flying, parachuting, diving, subs)
Nor does it preclude:
- MOS/Rating/NEC change
- Admin Sep resulting from such determination
*CAN YOU DEPLOY, PT OR GO OVERSEAS?
Existed Prior To Service (EPTS)
• Amended legislation effective 05 Oct 99:
- Members w/ 8 yrs active service are eligible for disability compensation, the condition will be rated if found UNFIT and within the line of duty.
- 8 yrs of active service does not have to be continuous.
Existed Prior To Service (EPTS)
Members with medical waivers:
- If no service aggravation is detected within 180 days, separate without the disability evaluation (Entry Level Sep)
- If detected after 180 days, must enter DES process
- If service aggravated must have a Med Board
Administrative Processing
• If you are being processed for any kind of misconduct, your board will/may be suspended/terminated!
• Processing for punitive discharge and processing for administrative discharge, due to misconduct, shall take precedence over processing for disability.
• When a discharge for misconduct does not result, disability processing shall resume (note that updates on your medical condition will probably be needed)
Fitness Vs. Suitability
• Admin Separation: Navy
- Initiated by member or command
- Based upon “medical condition not amounting to a disability”
- Voluntary requests initiated with or without a “fit to continue naval service” finding from PEB
- Documentation from Medical Officer confirms that condition exists which prevents member from performing
• Characterization of Honorable
• Ref: MILPERSMAN 1910-120
Fitness Vs. Suitability
• Administrative Separation: USMC
- Initiated by command only
- Based upon medical condition (not a disability) which interferes with duties; confirmed by Medical Officer
- Notification and counseling IAW applicable directives must be accomplished before initiating process
• Characterization of Honorable
• Ref: MCO P1900.16 AND MCO P1070.12J
Purpose Of Medical Boards
• To report upon the present state of health of any member of the armed forces and as an administrative board by which the convening authority or higher authority obtains a considered clinical opinion regarding the physical status of service personnel.
• To produce documentation that serves as the source document for fitness and disability determinations by the PEB and for assignment and retention decisions by PERS-82 or MMSR-4.
Medical Board Members Are Made Of:
• Your reporting physician who believes thatyou may not be fit for duty. •An alternate member appointed at the discretion of the convening authority (CA).•A physician who is usually the senior medical officer of that specialty. (Convening Authority)• If in a reserve status, at least one member must be a reservist.
MEDICAL BOARD REPORTS ARE REFEERRED TO PEB WHEN:
1. The attending physician/convening authority believes that the service member is unfit for duty and not likely to become fit for duty within a reasonable amount of time.
2. When PERS-82 or MMSR-4 denies a period of limited duty that had been recommended by the medical board.
3. In the case of a reservist with a Notice of Eligibility, it is believed the service member will not become qualified within 12 week.
It’s Your Medical Board!!!
(MEB)
Medical Board Package
– Cover page (6100/1)
– Narrative summary
– Signature page (6100/2)
– Rebuttal ???
– Surrebuttal ???
– Copy of medical record
– LODI/LODD ???
– Addendum ???
– Physical
– Non-medical assessment
– Notice of eligibility (NOE) reservist
Light/Limited Duty
• Prior To Entry Into DES
- Removal From Full Duty (ManMed)
-- Light duty: 30 days
-- Medical hold: 30 days to complete and submit MEB report
*Temporary Limited Duty (SECNAVINST 1850.4E)
-- For Marines, 16 months total in a 20 yr career
-- For Navy, 12 months total in a 20 yr career (as of 10 Jan 05)
PROCESSING TIME
Upon Entry Into DES - MEB Report
30 days from dictation to send to the PEB - Informal Board PRELIM FINDINGS
10 - 12 weeks from receipt of MEB Report (90 days?) - Formal Board FINDINGS
2-4 weeks to schedule the Board 45 days after Formal board
- PFR45 days from receipt of petition
!!ALL TIMES ARE APPROXIMATE!!
Missing medical board narrative with all appropriate addenda.
• Dictation is more than 6 months old.
No line of duty investigation.
No non-medical assessment.
COMMON REASONS FOR REJECTION:
No notice of eligibility in case of inactive reservist.
No 2807/2808 completed within 6 months of date of medical board.
Medical board not addressed to president of PEB. (Automated cover sheet)
COMMON REASONS FOR REJECTION:
• Incomplete 6100/1 automated med board report.
• No reserve physician on medical board of reservist (active/inactive).
• No psychiatrist on medical board with psychiatric diagnosis.
REASONS WHY CASES ARE SUSPENDED:
• No convening authority signature.
• Less than required number of physicians signing medical board.
• Medical board not dated.
• Elective surgery or Surgery Pending!
REASONS WHY CASES ARE SUSPENDED:
REASONS WHY CASES ARE SUSPENDED:
• Request for additional information
(i.e. updated medical info, FITREPS, lab results, etc.)
• Boards are suspended for either 30 or 60 days, depending on the information requested.
Physical Evaluation Board
Informal PEB (IPEB)Located in Washington, D.C.
This informal board normally consists of:Marine ColonelNavy CaptainDoctor-Navy Captain/CDR
Case file normally stays 2 weekswith the board.
The medical board report is initially reviewed by this panel and decides if:
•The service member is FIT or UNFIT for duty.•If unfit, what is the disability rating? Note: Unfit Pilot program enrollee cases go to the VA rating panel for Disability rating.
•What is the member’s recommended disposition?•Was the service member’s unfitting condition combat related?
INFORMAL PEB
1. Existed prior to service (EPTS).
2. Incurred while UA or deserter.
3. If disability is due to intentional, Misconduct or willful neglect.
Conditions not ratable:
LINE OF DUTY INVESTIGATIONS
• Reference is JAGMAN Chapter 2• Inquiry used:• To determine whether an injury or disease
was incurred in the line of duty.• Whether it was aggravated by military duty.• Whether it was incurred or aggravated due
to the member’s intentional misconduct or willful negligence.
The Possible Findings are…
• Fit to Continue Naval Service
• Presumed Fit
• Unfit
• PQ (inactive reserves)
• NPQ (inactive reserves)
Findings Issued
•Results are sent by the PEB to the PEBLO by secure enabled email.• At that time, the member will be contacted for notification of findings. •It is the member’s responsibility to keep the PEBLO informed of any change of contact numbers •The member’s findings will be returned to the PEB if the member cannot be contacted within 3 days.
PEBInformal Board
FIT
FIT TO CONTINUE:
•You have been found FIT by the PEB. This DOES NOT mean that you are FIT FOR FULL DUTY!•This finding means that you may be eligible for appropriate assignment.•Nor does it preclude subsequent temporary determinations of unsuitability for deployment or PRT/PFT participation or administrative action resulting from such determinations.
FIT TO CONTINUE:
• This means that you can still reasonably fulfill your employment on active duty!
• Your next step is an Operational Suitability Screening.
Presumption of Fitness
• Presumptive Period: Service members shall be considered to be pending retirement when the dictation of the member’s MEB report occurs after any circumstance designated in the next two slides:
Presumption of Fitness
Finding applied when the member:
1. Has an approved voluntary retirement date.
2. An officer has been approved for Selective Early Retirement.
3. An officer is within 12 months of mandatory retirement.
Presumption of Fitness
4. An enlisted member is within 12 months of High Year Tenure (HYT) or EAOS, and will be eligible for retirement at HYT/EAOS.
5. An enlisted member is within 12 months of retirement eligibility and the member’s EAOS has or will expire prior to the member being retirement eligible.
• Within 12 months of retirement member incurs:
- Acute, grave (life threatening) injury/ illness
or
- A serious deterioration of a previously diagnosed condition that would preclude further duty if the member were not retiring.
Overcoming PFIT
More On PFIT
• To retire or separate you do not have to be 100% healthy.
• Do not rely on the MEB being sent to the PEB for automatic acceptance-resulting in a HYT/Fleet Reserve date extension.
• MEB can be rejected by the PEB and you will be separated by Service Headquarters.
Election of Options
Member’s have the option to:Accept the findings: member will be made available for
orders within 30-60 days. Member has 10 calendar days to make a decision for IDES program & 15 days Legacy program.
If the member disagrees, they may request for reconsideration. Request shall include new medical information or significant non-medical assessments not previously available or considered.
Election of Options
Member must indicate his/her desire for a Formal PEB in the event that the request for reconsideration is denied.
* Member must understand that this is just a request and can be denied by the President, Physical Evaluation Board and Director, Secretary of the Navy’s Counsel of Review Boards.
PEBInformal Board
UNFIT
UNFIT
• Within the finding of UNFIT, your conditions are broken into four (4) categories as depicted in the following slides:
Category I - all unfitting conditions. These are the conditions that are found to have caused the end of your career. They are the only condition(s) that the PEB may rate a percentage of disability.Category II - those condition(s) that are contributing to the unfitting condition(s).
Category III - those condition(s) that are not separately unfitting and do not contribute to the unfitting condition(s).
Category IV - conditions not constituting a physical disability.
Election of Options
Member’s have the option to:Accept the finding and waive his/her right to a Formal PEB.
Service headquarters will establish retirement/discharge date within 2-3 weeks. (Navy members may select a date within 30 - 90 days of date they sign EOO). Member has 10 calendar days to make a decision for IDES program & 15 days Legacy program.
Accept the finding and submit a request to service headquarters to remain on active duty in a Permanent Limited Duty (PLD) status.
Election of Options
Request reconsideration of the findings
• Legacy cases may contest to be found FIT or receive a higher/lower rating.
• Pilot program enrollees may only contest the percentage via the new Election of Options
Not accept and demand a Formal Hearing! (This is a right, not a request)
Permanent Limited Duty
1. To complete a period of obligated service.
2. To complete current tour of service
3. To complete a protocol or other course of medical care as requested by the Medical Treatment Facilities commanding officer.
4. Fill a critical billet at the service member’s present command until a relief arrives on board.
Permanent Limited Duty
5. If CREO group is undermanned or NEC is critical.
6. Service members who have attended a funded education program such as naval academy, NROTC, and armed forces health profession scholarships may be retained involuntarily.
7. Other reasons such as: service member spouse to give birth, or children to finish school.
Permanent Limited Duty
• To request PLD:Member will be provided with a PLD request
form by the PEBLOMember will also be provided an Information
Sheet/Request for Endorsement for/from their Command
This information must be provided to Service Headquarters within 15 days after the member has signed their Election Of Options.
Permanent Limited Duty
• PERS-82 is the final approving authority for the Navy and MMSR-4 is the only approving authority for the Marine Corps.
Formal Board
• What you need to know about the Formal Hearing:10 plus tips. Right’s of the service member.Procedures of the Formal Hearing.Formal Hearing video.Pre Formal Hearing counseling – admin issues.These are all designed to help prepare you for
the Formal Board.
Formal Board
• Located at the Washington Navy Yard.• Member has the right to appear in person.• Member may waive the right to personal appearance. • Member represented by counsel in either case.• Counsel not assigned to PEB.• Formal PEB does not see opinions of Informal PEB.• This is a non-adversarial setting.
Formal Board
• What happens next:Findings from your hearing will be forwarded
to the President, Physical Evaluation Board for administrative and legal review.
Once signed, findings are forwarded to the PEBLO for delivery to member.
Member has 15 days from delivery of Formal board results to submit a PFR if desired.
Petition For Relief
• Petitions to Director, Navy Counsel of Personnel Boards(NCPB) for relief of final action.
• Separate Legal and Medical review.
• Member’s last level of in-service appeal after notification of formal Board findings.
Petition For Relief• Justification for PFR
- New or newly discovered evidence
(Not sick call/SF 600).
- Fraud, misrepresentation or other misconduct.
- Mistake of law.
• When case is finalized, it is sent to PERS-82/MMSR-4 for discharge or return to duty.
• Dissatisfied with ruling ? BCNR
Final Disposition
• Member has less than 19 years and a disability rating of 0, 10 or 20% = Separate
• Member has less than 20 years and a disability rating 30% or greater = Assignment to TDRL/PDRL
*Any pay concerns please contact DFAS for specifics in your case*
0% 10% 20%
• HONORABLE DISCHARGE
• SEV PAY• IF LESS THAN 19
YEARS ACTIVE SERVICE
DISABILITY SEVERANCE PAY
• COMPUTATION FOR ACTIVE DUTY• Base Pay X 2 X Number of years service,
• Or an average of base pay (36 months)
• (total active service not to exceed 19 years).
• Years of service: Round to the nearest whole year, round up for 6 months or more.
• Members with less than six months total active service not entitled.
DISABILITY SEVERANCE PAY
• TAXABILITY• Disability severance pay is normally taxable,
current rate of tax is 28% Federal
• NON-TAXABLE , If…• Individual was a member of the Armed Services
or under written commitment on or before 24 September 1975
• Injury was combat related
TDRL
• TEMPORARY DISABILITY RETIRED LIST
TDRL SIMPLIFIED
– 5 YEARS IS THE MAXIMUN– 18 MONTHS IS THE MINIMUM– PHYSICAL EVALUATION EVERY 18
MONTHS– ENTITLED TO RETIREE BENEFITS/PAY– TDRL DOES NOT AUTOMATICALLY
LEAD TO PDRL
Temporary Disability Retired List (TDRL)
TDRL 18 months 36 months 5 years
FIT UNFIT
-SEPARATE-REENLIST-FLEET RESERVE
-20% OR BELOW, SEPARATEWITH SEVERANCE PAY-30% PDRL (CONDITION STABLILIZED)-30% TDRL IF YOUR CONDITION IS UNSTABLE & PROCESS REPEATS
PEB WILL REACHFINAL DECISION-FIT, SEPARATE,OR PDRL
TDRL PAY
• % Disability X Base Pay
• Minimum of 50% of base pay (average)• Note 1 For members who entered military service on
or after 8 September 1980, a 36 month average will be used as the Base Pay figure in the calculation of Retirement Pay
• Note 2 Retirement Pay is taxable unless the disability was Combat Related
PDRL
PERMANENT DISABILITY RETIRED LIST
PDRL PAY
• % DISABILITY X BASE PAY
• Do not assume that your pay will be the same on the PDRL, call DFAS
Combat Related Determination
• Direct result of armed conflict
• Instrumentality of war
• Conditions simulating war
• Extra hazardous duty (i.e., SEALS, recon, specified MOS/NEC)
*NOTE: this does not mean hazardous duty pay!!
Questions ?