NAVY IDES Program

F

FindingMyWay

PEB Forum Regular Member
Hello All,

My brother is in the Navy and I am trying to assist him in the IDES program for the NAVY. It seems as though it is quite different from the ARMY and need help advising him as he is mentally ill. He just received his rating of 60%, 30% of that rating was for the Schizophrenia that was diagnosed in August. Since then he has be having hallucinations, hearing voices, and been hospitalized a total of 3 times. In addition, he is no longer working and going to group everyday. When talking to him about his case, the PEBLO told him that he could not get a copy of his proposed rating or the medical records that were sent over to the VA for a rating. However, how is he supposed to get legal advice on his case in order to try to fight such a low mental health rating when he doesn't have copies of the records that was used in order to decide his case? When I was evaluated and rated, I got copies of everything, including records so that I and an attorney could go over the documents in order to get a reconsideration of the decision.. (in which I won 100% VA, 80% PDRL) I am getting people to write buddy letters but is ridiculous! Is this the NAVY way or should we be making complaints about this process? Knowing what standards that he needs to meet in order to receive a higher rating.. I know that he fits the 50% or even 70% criteria for rating.

His PEBLO is telling him to take the 60% and not fight.. In addition, he is stating that if my brother appeals that he would have to go to Washington DC for a formal hearing. Why does that need to happen and how does he get representation prior to?

PLEASE HELP.
 
1. He doesn't have to appear in person if he doesn't want to. It's an option to go in person.
2. It's possible they aren't disclosing the info to him based on it causing undue harm as highlighted below.
3. His PEBLO should give him the contact info for a regional PEB attorney. Contact the PEBLO and ask who is responsible for his area.


E3.P1.3.3.5. Hearing Rights. Service members shall have, at a minimum, the following rights before the formal PEB:
E3.P1.3.3.5.1. The right to personally appear at the formal hearing, which may include video teleconferencing, unless such appearance proves impracticable because the member cannot travel (e.g., the member is incarcerated or incapacitated).
E3.P1.3.3.5.1.1. If the member’s conduct or statements create a potential security risk to board members and/or other personnel, local security police shall be alerted and appropriate security precautions shall be taken.


E3.P1.2.4. Competency. MEBs and TDRL periodic examinations shall include the results of a competency board when the member has a functional or organic disorder that makes questionable the member's ability to handle his or her personal affairs and to understand and cooperate in MEB and PEB proceedings.


3208 Member’s Access To Medical Board Reports And Counseling
a. Unless the information contained in the MEB report may, in the judgment of the MEB convening authority, have an adverse effect on the member's mental or physical health, the member shall:
(1) be provided a copy of the MEB report;
(2) be counseled regarding the opinions and recommendations of the medical
board;
(3) be afforded the opportunity to discuss opinions and recommendations with each member of the MEB; and
(4) be afforded an opportunity to submit a statement regarding any portion of the MEB report. No precise format is prescribed. The medical board shall attach written comments to the report addressing the statements considered adverse by the member.
b. When the information contained in the MEB report may, in the judgment of the medical board convening authority, have an adverse effect on the member's mental or physical health, or when the member has been determined to be incapable of managing his or her financial affairs by a board of medical officers convened and constituted in accordance with reference (f) (MANMED), Chapter 18, the member's court appointed legal guardian or the next-of-kin as defined in section 2049 will be counseled (in the above precedence order), provided with a copy of the report, and afforded the opportunity to exercise the member's rights as discussed in paragraph 3208a.
 
I assume he was evaluated under the Integrated Disability Evalaution System (IDES). If such is the case, the VA rated the conditon not the Navy so you need to appeal the VA rating via a VA IDES reconsideration request. You can also continue to appeal the VA rating post separation via a Notice of Disagreement (NOD) with the VA. He, or his next of kin if incompetent, can get the DES file via the Navy PEB. Call 202-685-6089.

Is his VA rating and Navy PEB rating the same?

Mike
 
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