Right of Rebuttal (see figures 5 -11, 5-12, 5-13, 5-14, 5-15, 5-16, 5-17, 5-18).
(1) Except for mental incompetence of deleterious-type cases, as provided in
(2) below, a member (whether or not he/she personally appeared before the board) is
afforded an opportunity to submit a written statement (see figures 5-11, 5-12, 5-13, and
5-14) concerning the recommended findings of the physical evaluation board. This
statement may take the form of a rebuttal to the findings of the board or a statement to the
effect that the member does not desire to make a rebuttal. The member is afforded a
period of three working days after receipt of copy of the board proceedings in which to
submit the rebuttal statement, unless the president of the physical evaluation board
approves a request for an extension submitted within the 3-day period. The statement of
request submitted by the member is attached to the record of the board proceedings. If the
member does not submit either a statement or a request for an extension of time within the
allowed 3-day period plus required mailing time, it will be deemed that the member has
waived the right to a rebuttal. The case is forwarded to the USAPDA with the rebuttal or
statement of waiver, and the member will be furnished a copy of the statement (see figure
(2) For a case involving mental competency or nonappearance because of a
determination by the medical treatment facility commander that it would be detrimental for
the member to appear, the board forwards a copy of the record of its proceedings to the
individual previously notified. The forwarded copy includes all testimony,
documents, and exhibits considered by the board, except the original medical records and
any classified information. The record is not forwarded to the USAPDA until a rebuttal or
statement concerning same has been attached or counsel has acted in behalf of the
member (see figures 5-16, 5-17, and 5-18).
5-30. PHYSICAL EVALUATION BOARD FINDINGS AND RECOMMENDATIONS
a. Upon completion of a hearing, the voting members of the physical evaluation
board meet in closed session and determine the findings and recommendations on
aspects of the case. The vote of the majority is controlling. The board determines:
(1) Whether the member is fit or unfit by reason of physical disability.
(2) Whether the disability is the result of intentional misconduct or willful neglect
and whether such disability was incurred during a period of unauthorized absence.
(3) Whether the disability is permanent or may be permanent.
(4) Percentage of disability of each diagnosis and the overall combined
disability rating. This is the first time in the disability process that a percentage of disability