Appealed for FPEB...found UNFIT-My Navy Timeline (Pilot Program)

W

waldo1983

PEB Forum Regular Member
I appealed to the PEB for a FPEB and got tired of waiting for a response. I called my JAG officer and she said I have been found UNFIT and my case is with the VA for a rating.

Timeline:
Dec 2009:1st LIMDU
Jan 2010: Med Board Initiated
Jun 2010: 2nd LIMDU
Aug 2010: VA Appointments
Oct 2010: Package submitted to PEB
Oct 2010: Found Fit to Continue
Nov 2010: Submitted appeal for FPEB
Jan 2011: Notified by PEBLO/JAG office found UNFIT, rating TBD

I went through the new pilot program so when this is all said and done I should be discharged with a rating from the Navy and VA.

This forum has been a huge help, both with emotional support and with information. Best of luck to everyone!
 
if your rated for the same thing with the VA and the service you can only get the greater amount not both !! i get 1000 from the army 827 from the va the va pays me 827 and takes it from my retire pay and i get 223 from the army thats whats left after the VA takes away there part!! so make sure you know you only get 1 of them
 
Owen, So just correct me if i am wrong. If i am rated at 10% and get a severance for my back and i get x amount of dollars from that minus taxes, then i am rated at 60% for combined back and sleep apnea, will i recieve the amount for the sleep apnea per month? I have never gotten a straight answer on this. Now i still am waiting for the results of my FPEB. Just curious what i can see to be recieiving and what to possibly expect per month from the VA.
 
Gunmate,

In the example you gave you would recieve your severance check from the Navy for say $50K (just theoretical, you know it's based on years in service and base pay), less the taxes, like you stated. However, as long as you are rated above 0%, so 10% or 20%, you are able to recoup those takes when you file next year. If you're rated at 0% you still get a check, but cannot be reimbursed for the taxes.

Now for the VA component, if they rate you at 60% disabled, then you would recieve a check from them every month for $974 (this is the current amount without children for a single veteran). However, you will not start recieving that check until the severance check from the Navy has been "paid back." How that works is if you recieved $50k from the Navy, they will "take" your VA checks every month until they are repaid. So the math ends up like so:

$50,000.00 from the Navy (divided by) $974 from the VA every month = 51.3 (months)

52 months is about 4.3 years.

So, to wrap it up, you would recieve your check for $50K, then, in 4.3 years, you would start recieving a check from the VA every month for the amount of $974.00, for the rest of your life.

If, you get rated at higher than 20% by the navy, say 50%, you basically recieve the higher of the two amounts. (One will deduct the difference from the other)

AND, to add one more crazy loop-d-doo, you can opt to decline your severance check from the Navy and just start recieving you VA checks immediately.

Does this make sense? It is super confusing and I don't know why they do it this way...
Hope this helps:)
 
@gunmate1, The answer to your question is yes. You will still get a check from the va. If you recieve severance and was not combat related you have to pay it back. The VA will deduct the amount based on the % for the unfit condition for which you recieved severance.(I.E. your back). If they rate your back 10 or 20% they will deduct it from your rating. So say your back is 20% but your overall rating is 60%. The most that will be taken out every month is $243 a month until your severance is paid back. You can find this in 38 CFR 3.700. You can go to the dfas disability calculator on dfas and kind of figure out what you might get per month based on a guess of your %'s for each condition. But you will get a check every month. They do not withhold all of your disability every month until your severance is repaid. Only the % for the condition you recieved severance for. Which would either be at a 10% or 20% withholding. Hope this helps!
 
I got to ask, how did you go from VA appointments to PEB submitted in two months? I was told by QTC (the VA contractor here in JAX) it would be 1.5 to 2 months after my appointments till the VA got my package, then that has to go back to the referring doctor before it is submitted to the PEB.
 
So if you get a severance check and it's combat related you still get your VA check without having to pay back the sev check?
 
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