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The Physical Evaluation Board must not subject a member to a presumption of fitness if, after the member becomes eligible for retirement, one of the following occurs:
- An acute, grave illness or injury occurred that would have prevented the member from performing further duty if the member was not retiring.
- A serious deterioration of a previously diagnosed condition, to include a chronic condition, occurred which would have precluded further duty if the member was not retiring.
- The condition for which the member was referred is a chronic condition and a preponderance of evidence establishes that the member was not performing duties befitting the member's experience in the office, grade, rank, or rating. |