PEB (FAQ's)

[bstuds]

Frequently asked questions from the U.S. Army Physical Disability Agency

1. Q. I have a condition that prevents me from serving in cold climates. Since I am not "world-wide deployable", the PEB will find me "unfit", right?

A. Lack of world-wide deployability cannot be the sole criteria for finding a soldier "unfit" according to DoD and DA directives.

2. Q. I'll have 20 years active duty next year and plan to retire. Is there any way I can get a disability rating to help reduce my income tax liability?

A. Soldiers who are completing their careers and have had their retirement applications approved are presumed to be "fit". However, there are certain instances when the "presumption of fitness" rule can be overcome.

3. Q. I've got a P-3 profile because of my knee. Therefore, I must be "unfit". Yet, the PEB found me fit. How come?

A. The medical and other evidence in your case shows that you can still reasonably perform your job as a 75F, Personnel Information System Management Specialist. Now, if you were an 11B Infantryman with its heavy physical demands, the PEB might very likely reach a different decision.

4. Q. Is there such a thing as a 0% disability rating, and what does it mean?

A. It doesn't happen often, but a soldier found "unfit" can he given a 0% rating. Unfit soldiers with less than 20 years active duty whose medical conditions are rated at 0%, 10% or 20% are entitled to severance pay. The amount of severance pay for a soldier is not affected by either a 0% 10%, or 20% rating; the compensation will be the same.

5. Q. I am on the TDRL. What happens to my case after I have had my medical reevaluation and accepted the findings?

A. The results are forwarded to the PEB. The process is the same, with the same appeal rights, as it was when you were initially found "unfit" and placed on the TDRL. First, an INFORMAL PEB. If you are taken off the TDRL and are dissatisfied, you may elect a FORMAL PEB.

6. Q. Do I have to appear personally before a FORMAL PEB?

A. Only if you choose to do so. You may elect to be represented instead by your military counsel or counsel of choice.

7. Q. I've checked. My medical condition is listed in the VASRD. Does that mean that I will automatically receive a disability separation and given the percentage listed.

A. The Army can rate your condition in accordance with the VASRD only if you are first found "unfit" to perform your military job.

8. Q. If placed on the TDRL does the soldier have a right to remain on the LIST for a full 5 years?

A. No. if the condition for which the soldier was placed on the TDRL stabilizes, the PEB must decide permanent disposition.

9. Q. Why aren't all soldiers with cancer or heart conditions found "unfit"?

A. Many are. The Army adjudicates each case one at a time, weighing all pertinent medical and non-medical evidence. While these particular diagnoses sound ominous, the PEB's decision is based not on the diagnosis alone, but on the evidence showing the effect of the impairment on the soldier's ability to do his/her job. The possibility that the cancer might recur, or that the soldier may suffer another heart attack in the future is a concern, no doubt, but the disability decision rests on the extent of current, not future impairment.

l0. Q. What happens if I go back to work after being found "fit" by the PEB and later experience a worsening of my condition? Will I have another chance to undergo disability processing?

A. Yes.

[falcon1]

Question: I due for a permanent medical retirement Thursday. On the 17th, I was diagnosed w/breast cancer requiring an immediate mastectomy. Do I need to be extended, re-boarded, re-LODed, etc? I am concerned about getting out of active duty until my surgery at least is over. What is the precedent or reg or rights for this?

[bstuds]

That is a tricky question to answer without having all the facts. What are you being medically retired for? Can you provide me a few more details??