Is it unjust for a Formal Physical Evaluation Board (FPEB) to lower a compensable military disability rating to a non-compensable one when a veteran appeals an informal PEB (IPEB) decision on an issue other than the rating? The Board for Correction of Naval Records (BCNR) says it is unjust.
In a 2023 case a former Marine was granted a 50% rating by an IPEB and placed on the Temporary Disability Retired List. The veteran appealed to a FPEB which lowered his rating to a non-compensable 10%. The BCNR found the FPEB decision to be erroneous on technical grounds and also said it was unjust. The Board reasoned that since the only question presented to the FPEB on appeal related to the decision to give the veteran temporary status, it was wrong for the FPEB to take upon itself to reassess the 50% rating.
The BCNR stated: “Petitioner should not be deterred from exercising his right to a formal hearing to challenge a decision by the IPEB for fear that the FPEB may produce a less favorable result.”
The case may be found on the Boards for Review Reading Rooms web site and the BCNR docket number is 990-23
In a 2023 case a former Marine was granted a 50% rating by an IPEB and placed on the Temporary Disability Retired List. The veteran appealed to a FPEB which lowered his rating to a non-compensable 10%. The BCNR found the FPEB decision to be erroneous on technical grounds and also said it was unjust. The Board reasoned that since the only question presented to the FPEB on appeal related to the decision to give the veteran temporary status, it was wrong for the FPEB to take upon itself to reassess the 50% rating.
The BCNR stated: “Petitioner should not be deterred from exercising his right to a formal hearing to challenge a decision by the IPEB for fear that the FPEB may produce a less favorable result.”
The case may be found on the Boards for Review Reading Rooms web site and the BCNR docket number is 990-23