Page:United States Statutes at Large Volume 122.djvu/489

 12 2 STA T .46 6 PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 ‘ ‘ §15 5 4a.Revi e wofs e p a r a t io n wit hd isa b i l it y ratin g of 20 per c ent disabled or less ‘ ‘ (a)INGE NE RAL.— ( 1 ) TheS e cr e t ar yofD efe ns e sha l l esta b l i sh w ithin the O ffice of the Secretary of Defense a boar d of re v iew to review the disability deter m inations of covered individ u als by P hysical E valuation B oards. The board shall be k nown as the ‘Physical Disability Board of R eview ’ . ‘‘( 2 ) The Physical Disability Board of Review shall consist of not less than three members a p pointed by the Secretary. ‘‘(b) COV ERE D IND I VID U AL S .— F or purposes of this section , cov - ered individuals are members and former members of the armed forces who, durin g the period beginning on September 11, 2 0 01, and ending on December 3 1, 200 9 — ‘‘(1) are separated from the armed forces due to unfitness for duty due to a medical condition with a disability rating of 20 percent disabled or less and ‘‘(2) are found to be not eligible for retirement. ‘‘(c) REVIE W .—(1) U pon the re q uest of a covered individual, or a surviving spouse, ne x t of kin, or legal representative of a covered individual, the Physical Disability Board of Review shall review the findings and decisions of the Physical Evaluation Board with respect to such covered individual. Sub j ect to paragraph (3), upon its own motion, the Physical Disability Board of Review may review the findings and decisions of the Physical Evaluation Board with respect to a covered individual. ‘‘(2) The review by the Physical Disability Board of Review under paragraph (1) shall be based on the records of the armed force concerned and such other evidence as may be presented to the Physical Disability Board of Review. A witness may present evidence to the Board by affidavit or by any other means considered acceptable by the Secretary of Defense. ‘‘(3) If the Physical Disability Board of Review proposes to review, upon its own motion, the findings and decisions of the Physical Evaluation Board with respect to a covered individual, the Physical Disability Board of Review shall notify the covered individual, or a surviving spouse, next of kin, or legal representative of the covered individual, of the proposed review and obtain the consent of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual before pro- ceeding with the review. ‘‘( 4 ) W ith respect to any review by the Physical Disability Board of Review of the findings and decisions of the Physical Evaluation Board with respect to a covered individual, whether initiated at the request of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual or initiated by the Physical Disability Board of Review, the Physical Disability Board of Review shall notify the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual that, as a result of the request or consent, the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual may not seek relief from the Board for Correction of M ilitary Records operated by the Secretary concerned. ‘‘(d) AU TH ORI Z ED RE C O M MENDATIONS.—The Physical Disability Board of Review may, as a result of its findings under a review under subsection (c), recommend to the Secretary concerned the following (as applicable) with respect to a covered individual
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