REEVALUATING YOUR IDES (MEB & PEB)

The Fiscal Year 2011 (effective October 1, 2010) National Defense Authorization Act (FY11 NDAA) amended the law to allow Medically Retired, Medically Separated, and Active Duty (Regular Components & Reserve Components) to have their PEB reevaluated. 

“….have their Physical Evaluation Board (PEB) reevaluated if there is reason to believe that a medical condition of the member considered by the Physical Evaluation Board during the evaluation of the member described in that subsection renders the member unsuitable for continued military service based on the medical condition.”

This is important as the Integrated Disability Evaluation System (IDES—MEB & PEB) must, in accordance with Title 10 USC 1071, the reevaluated IDES must:

1)   Consider All Medical Conditions.— In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.

2)   Use the VA Schedule for Rating Disabilities in Determinations of (PEB) Disability.— Shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and may not deviate from the schedule or any such interpretation of the schedule.

Therefore to you can have your  PEB disability determination (to include disability ratings), reevaluated---this law allows the service member or veteran to have their IDES reevaluated.