Military disability lawyer, help with MEB, PEB and IDES
If you are still in uniform and a medical condition may end your service, the process that decides your future is the Disability Evaluation System. A military disability lawyer can help you read your board findings, gather medical evidence and decide whether to accept or challenge a decision. This page walks through the boards, the outcomes and the free legal help you already have.
How the Disability Evaluation System works
The Disability Evaluation System (DES) decides whether a medical condition makes you unable to do your military duties. Most service members go through the Integrated Disability Evaluation System (IDES), where the military and VA work from one set of medical exams.
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01
Referral. Your doctor refers you when a condition may keep you from doing your job.
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Medical Evaluation Board (MEB). The MEB reviews your medical records and exams and lists the conditions that may fall below retention standards.
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03
Physical Evaluation Board (PEB). The PEB decides whether you are fit or unfit for duty for each condition.
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Rating and outcome. For unfitting conditions, a disability rating decides whether you are retired or separated.
Fit or unfit, and what each finding means
If the PEB finds you fit, you generally stay in service. If it finds you unfit, the rating for the unfitting conditions decides what happens next. You can usually ask for an informal review, ask for a formal hearing and appeal further inside your service branch. Each step has short deadlines, so read every notice the day you get it.
Medical retirement or separation
As general information under 10 U.S.C. chapter 61, the 30 percent line matters most.
- A member found unfit with a combined rating of 30 percent or more for unfitting conditions is generally placed on disability retirement, with retirement pay and benefits.
- A member found unfit with a rating under 30 percent and fewer than 20 years of service is generally separated with severance pay.
- Members with 20 or more years of service generally qualify for retirement in either case.
- Temporary retirement can apply when a condition is not yet stable.
You have free legal counsel during the PEB
Each service provides military attorneys who represent members in the PEB process at no cost. Your PEB liaison officer can tell you how to reach them. Use them early, before you sign or accept a finding. A private lawyer is an option on top of that, not a replacement you must pay for.
When a private military disability lawyer helps
- Your case is complex, with several conditions or conflicting medical opinions.
- You want an outside medical opinion and help building the record before a formal hearing.
- A decision near the 30 percent line could change retirement into separation.
- You want help after discharge, such as a review by the Physical Disability Board of Review or a Board for Correction of Military Records.
- You want one representative who also handles the VA side of your claim.
How the VA rating fits in IDES
In IDES, VA rates your conditions using the VA rating schedule in 38 CFR Part 4. The military uses the VA rating for the unfitting conditions to set your military disability rating, while VA uses the rating of all service-connected conditions for your VA compensation after you leave. That is why your combined rating matters twice. You can see how ratings combine with va math and check the rules for a va rating for ptsd if a mental health condition is part of your case.
Calculate my ratingFees for VA claim help after service
For VA claims, accredited representatives generally may not charge you before VA decides your initial claim, and free help is available from accredited Veterans Service Organizations. After an initial decision, a fee of 20 percent or less of past-due benefits is presumed reasonable and a fee above 33 1/3 percent is presumed unreasonable. Private counsel for the military board side sets fees by their own agreement with you, so ask for it in writing.
Get matched for an IDES or military disability case
Choose your state and pick military disability or IDES as your claim stage. Verified accredited representatives who take these cases receive your request, and you choose whom to contact. Veterans and service members pay nothing to send it.
Do I need a lawyer for a Medical Evaluation Board?
Not always. Your service provides free military counsel during the PEB process. Many members add a private attorney when the case is complex or close to the 30 percent line.
What is the difference between the MEB and the PEB?
The MEB documents your medical conditions and whether they meet retention standards. The PEB decides whether you are fit or unfit for duty and, for unfitting conditions, the disability outcome.
What rating do I need for medical retirement?
As general information, a combined rating of 30 percent or more for unfitting conditions generally leads to disability retirement. Under 30 percent with fewer than 20 years of service generally leads to separation with severance pay.
Does my IDES rating become my VA rating?
In IDES, VA rates your conditions with the VA rating schedule. VA uses its rating for compensation after you leave, and the military uses the rating for your unfitting conditions.
Can I challenge a PEB decision?
Usually yes. You can generally ask for an informal review, a formal hearing and further appeal in your branch. Deadlines are short, so talk to your military counsel right away.