DoD Appeals: Comprehensive Guide

Overview of DoD Disability Process

To receive DoD Disability, service members must go through the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB). These boards assess:

Whether conditions are service-connected.
Whether the conditions make the service member Unfit for Duty.
The appropriate VA disability ratings for qualifying conditions.

Based on these assessments, service members are either:

Returned to duty,
Placed on the Temporary Disability Retired List (TDRL),
Medically separated, or
Medically retired.

Appealing DoD Decisions

If you believe the decision regarding your case was incorrect, you can submit a DoD Appeal.

Preparing a DoD Appeal

Essential Steps:

Gather Documentation

Medical Records: Collect all medical records from military, VA, and civilian providers.
Service Records: Include deployment records, incident reports, and any other relevant service documentation.
Correspondence: Gather all communication with the MEB, PEB, and any other related boards.

Obtain Witness Testimonies

Commanding officers and fellow service members can provide signed statements detailing how your condition impacted your ability to perform your duties.

Limit Post-Separation Evidence

Submit post-separation evidence only if it sheds light on the condition at the time of separation.

Understand the Original Decision

Identify specific errors or misjudgments in the original decision.
Tailor your appeal to directly address these issues.

Retain Copies

Never send original documents unless explicitly requested. Submit copies to safeguard your records.

Levels of DoD Appeals

Level 1: Formal Physical Evaluation Board (FPEB)

After the PEB issues its decision, you have 6 days to either:

- Accept the decision.
- Appeal to the FPEB for reconsideration.

Level 1a: Branch-Specific Intermediate Appeals

Army Appeals:
- United States Army Physical Disability Agency (USAPDA): Reviews cases where the soldier disagrees with the PEB and waives a formal hearing. If unresolved, the case goes to:
- Army Physical Disability Appeal Board (APDAB): Ensures fair hearings and reviews evidence for alignment with laws and regulations.
Navy/Marine Corps Appeals:
- Petition for Relief (PFR): Submit to the Director, Naval Council of Personnel Boards (DIRNCPB) if:
  - New evidence arises.
  - Fraud or misrepresentation occurred.
  - A legal error was made during the PEB process.
- Must be submitted before discharge. If denied, move to Level 2 appeals.

Level 2: Boards for Correction of Military Records (BCMR)

The highest level of DoD Appeals. Each branch has its own BCMR:

- Air Force: Submit DD Form 149 and supporting evidence to the address listed on the form.
- Army:
  - Army Physical Disability Review Board (APDRB): For cases within 15 years of separation where conditions were rated 0%.
  - Army Board for Correction of Military Records (ABCMR): The ultimate authority for Army disability appeals. Only apply if no other boards can resolve your case.
- Navy/Marines: Submit DD Form 149. Note the Navy’s 3-year time limit for appeals.
- Coast Guard: Submit DD Form 149 to the appropriate address.

Tips for Success

Be Organized: Present all documents clearly and logically.
Focus on Facts: Only include evidence directly relevant to your case.
Consider Witnesses: Testimonies from commanding officers or peers can strengthen your appeal.
Meet Deadlines: Each appeal level has strict deadlines. Missing them may forfeit your appeal rights.

FAQs on DoD Appeals

What if the PEB made a mistake?

File an appeal with the Formal Physical Evaluation Board (FPEB).

What are DoD Appeals?

A process allowing service members to challenge PEB decisions or correct military records after discharge.

How do I submit a DoD Appeal?

Submit a Notice of Disagreement for the FPEB. For BCMR appeals, complete and send DD Form 149.

When can I appeal?

PEB Decision: Appeal to the FPEB within 6 days.
Post-Discharge: Submit BCMR appeals within time limits specific to your branch.

How long does the FPEB take?

The FPEB reviews appeals within 24 days.

What if my appeal is denied?

After denial, you can:

Appeal to the BCMR.
Submit new evidence for reconsideration if applicable.

How can I track my appeal status?

Contact the BCMR office directly for updates.

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