why see an attorney in the army for a medical board

Do you need a lawyer to get disability in the military?

The process will generally begin with a Medical Evaluation Board (MEB). A service member’s medical record is typically referred to an MEB by the treating physician when the treating physician has concerns the service member may have a medical condition that will result in the inability to perform military duties.

Do you have to go through a military med board?

The main reason military members choose not to hire a civilian attorney is that the government provides an appointed attorney to the defendant, free of charge. In civilian justice systems, defendants have to qualify financially in order to get a court-appointed attorney.

Do you have to pay for a military court-appointed Attorney?

The Medical Evaluation Board is Step 4 of the IDES. Each military installation with a medical facility has its own Medical Evaluation Board. The MEB is comprised of a group of medical authorities. There is no fixed number of people who can sit on a Medical Evaluation Board, but Medical Evaluation Boards normally consist of 2 physicians.

What is a medical evaluation board in the military?

0 attorneys agreed. Re: Army Medical Discharge/Medical Board Rating. Yes, by all means, he should contest it. But, he's going to need a lawyer to do it. For once, the Barrack's lawyers were right - they generally don't even discharge people for 10% so it smells from the beginning. Contact Attorney William Cassara, who is in the Augusta area, or ...

How long does it take to get med boarded out of the Army?

Typically, the normal timeframe of the MEB process is about 100 days. However, some installations have more of a backlog than others.Oct 8, 2020

How does med board work in the army?

The medical board consists of active duty physicians (not involved in the care of the military member) who review the clinical case file and decide whether the individual should be returned to duty, or should be separated, using the published medical standards for continued military service.Jun 25, 2019

Can a soldier request a med board?

If you are placed on the Permanent Disability Retired List, you will receive retirement pay and benefits for life. Service member's review. The Physical Evaluation Board liaison officer advises you on the informal board's findings. If you disagree with the findings, you may request a formal board.Nov 9, 2018

What does a Peblo do?

The Physical Evaluation Board Liaison Officer (PEBLO) is responsible for informing Soldiers (or their NOK when the Soldier is incompetent) throughout all phases of the DES. The PEBLO forwards the form to the PEB with the Soldier's election to the last level of PEB adjudication.

What triggers a med board?

A service member with a medical condition that makes them unfit for duty is referred to the Medical Evaluation Board. The Board reviews their conditions and makes recommendations to the Physical Evaluation Board on which qualify as unfitting.

What medical conditions get you kicked out of the military?

Here are eight surprising medical conditions that might prevent you from serving in the U.S. Armed Forces:Food Allergies. If you have a history of food allergies, you might be disqualified from joining the military. ... Celiac Disease. ... Contact dermatitis. ... Asthma. ... Braces or dental ailments. ... Motion sickness. ... Acne. ... Too tall.Apr 9, 2021

What does it mean to be med boarded in the army?

Medical Evaluation BoardThroughout their service, many servicemembers experience injuries or develop health conditions. If a servicemember develops a medical condition that prevents them from performing their military duties or making a full return to duty within one year, the servicemember may be referred to a Medical Evaluation Board (MEB).Aug 29, 2021

What happens if you get med boarded out of the Army?

A service member will be medically separated when the Physical Evaluation Board (PEB) finds the service member rated less than 30%. This type of separation begins the process of severing Department of Defense (DoD) benefits. A service member separating will receive involuntary separation pay.Nov 17, 2017

Can you request a medical discharge from the Army?

You can receive a medical discharge for depression or post-traumatic stress disorder (PTSD). Whether you're applying for a medical discharge or have developed medical issues after you've separated from the military, you can apply for VA compensation for service-connected medical issues.Jun 30, 2021

What army regulation covers medical boards?

The MAR2 is an administrative process for Soldiers who meet the medical retention standards of AR 40–501, but who nonetheless may not be able to satisfactorily perform the duties of their PMOS or AOC in a worldwide field or austere environment because of medical limitations.Jan 19, 2017

How long does it take for a Peblo to call you?

Once the PEB's findings are released, your PEBLO only has 72 hours to contact you! Authority).

What happens after Narsum?

When your NARSUM is completed, you will have seven days to determine whether you concur, non-concur or wish to request an impartial medical review. This decision will be based upon both the contents of the NARSUM and your own goals.

What is the Medical Evaluation Board (MEB)?

The MEB is the first step of the medical discharge process. A service member with a medical condition that makes them unfit for duty is referred to...

How long does the MEB Process take?

From the date of referral, the process takes roughly 2 months to complete.

How do I apply?

You do not apply to the MEB. Instead, you are referred by your military physician when you have conditions that they feel make you unfit for duty.

If I qualify for DoD disability, what benefits will I receive?

If the MEB and PEB both determine that your conditions are unfitting, you will either be medically separated or medically retired, depending on you...

How long does it take to receive my disability benefits?

You will begin receiving your benefits from the DoD within 2 months of separation.

How much money will I get monthly if I'm medically retired?

The exact amount you receive monthly is determined by your based pay and either your combined rating or your retirement percentage, whichever gives...

Is the MEB part of the IDES?

Yes. Both DoD disability and VA disability are now combined through the Integrated Disability Evaluation System (IDES). This system allows for vete...

What is the purpose of the MEB?

The MEB's purpose is to review all of the service member's evidence to determine which of their medical conditions make them unfit for duty. If the...

What is the medical evaluation board?

The Medical Evaluation Board. When a service member has a medical condition that may make them Unfit for Duty, they are referred to the Medical Evaluation Board (MEB) and enters the Integrated Disability Evaluation System (IDES). The Medical Evaluation Board is Step 4 of the IDES. Each military installation with a medical facility has its own ...

What is MEB in medical?

What is the Medical Evaluation Board (MEB)? The MEB is the first step of the medical discharge process. A service member with a medical condition that makes them unfit for duty is referred to the Medical Evaluation Board. The Board reviews their conditions and makes recommendations to the Physical Evaluation Board on which qualify as unfitting.

What is the purpose of MEB?

The MEB's purpose is to review all of the service member's evidence to determine which of their medical conditions make them unfit for duty. If there is not enough evidence to decide, it is the MEB's job to request more. Once they have finished their review, the MEB submits a report to the PEB with their recommendations.

Can you retire if you are medically separated?

If you are medically separated, you will receive a one-time payment. If you are medically retired, you will receive a monthly payment as well as all other retirement benefits. You will also qualify to receive disability benefits from the VA.

What happens after a PEB review?

After the PEB reviews your file, an informal finding about your fitness or unfitness will be issued. If you disagree with this finding, then write a statement to the PEB and include with it any new evidence that supports your case. In some circumstances, the PEB will reconsider its decision based on your submission and change its findings in your favor. If not, then your next step is to have a PEB hearing.

What is a PEB hearing?

Physical Evaluation Board (PEB) Hearing. At your hearing, you will have the chance to bring witnesses, submit evidence, and ask questions. You have the right to be represented by a military lawyer at no cost to yourself at a PEB hearing. Or, you can hire a private attorney to represent you.

What is DES in the military?

The military uses the Disability Evaluation System (DES) to determine whether you are fit for duty or whether separation for unfitness due to disability is necessary. If you've been having difficulty with your duties as a result of your disability, you may feel relieved and welcome an administrative separation.

How many years of service before retiring?

It is in your best interest, if possible, to reach 20 years of service before being medically retired. Medical retirement pay is less than standard military retirement pay, and in some cases medical retirement can lead to a loss of benefits.

What is the first step in the medical evaluation process?

The first step in the process is a review conducted by the Medical Evaluation Board. The MEB reviews your medical records and evaluates whether your disability limits your ability to perform your duties. It is in your best interests to make sure the MEB has a complete medical record.

Can you advocate for yourself?

You can have an influence on the outcome, but you will be able to advocate most effectively for yourself if you are consistent in what you want. For instance, if you decide you want to medically retire but later change your mind, you will likely have less influence on how things end up.

Who represents military members in FPEB?

Military attorneys are appointed to represent members prior to FPEB hearings. Some members choose to be represented by counselors from veterans service organizations such as the Disabled American Veterans (DAV). Civilian attorneys and counselors may provide representation.

What are line of duty investigations?

Line of duty investigations may be required in cases of accident or where there is any concern that conditions may have resulted from members’ misconduct or willful negligence, as well as in certain situations involving reservists. (DoDI 1332.38, Encl. 3.4.4). In some cases, as when there is concern about misconduct or willful negligence, these may be formal investigations, not simply prepared by commands, but by appointed investigating officers, frequently military attorneys. Command members may be interviewed as part of formal investigations, and command attitudes may thus affect a basic determinant of eligibility for benefits.

What are preexisting conditions in the military?

Many medical conditions which appear in the first few months of active service are presumed to be preexisting (this co-exists with a legal presumption that members were in good health upon entry). Such early medical problems are sometimes referred to a medical evaluation board, but may then result in administrative discharge for erroneous enlistment or in medical discharge without full proceedings to determine disability status. Pre-existing conditions that are aggravated by military service should not fall into this category but rather treated as a medical condition that warrants evaluation for possible medical discharge.

What is the VA disability rating system?

The Integrated Disability Evaluation System (IDES) is a relatively new system which combines military and Veterans Administration (VA) evaluations and rating decisions. It is comprised of three main parts and processes: 1) the Medical Evaluation Board (MEB), 2) the Physical Evaluation Board (PEB), and 3) the VA disability rating system. Generally, the MEB determines the medical conditions of the service member and the PEB determines if the servicemember is “fit for duty” (continued service). For those determined to be “unfit”, the PEB applies a disability rating provided by the VA Disability Rating Activity Site (VA-DRAS). The “Integrated” concept describes a change in procedures implemented during 2010-2012 whereby VA certified doctors perform medical evaluations used by the military’s MEB and PEB and for the VA disability rating. This allows the VA to calculate a disability benefit for service members before they are discharged and to begin VA benefits within 30 days of the servicemember’s discharge from active or reserve status. Previously, the VA performed its own medical evaluations after veterans were discharged and then assigned a VA disability rating and processed the VA disability benefits. The integration of the military and veterans disability evaluation systems was meant to streamline the medical evaluation process and reduce the amount of time between discharge from the service and commencement of VA benefits.

Can a military doctor consult with a lawyer?

Servicemembers may consult attorneys or counselors after diagnoses of their problems by military or civilian doctors. More often, medical problems have not been diagnosed by the military, servicemembers have difficulty accessing military doctors, or members feel they have been misdiagnosed by military doctors. In these cases, it is extremely helpful to begin by sending clients to civilian physicians – specialists if possible. While the military is not bound by civilian medical reports, they can be persuasive. Submission of civilian reports giving specific diagnoses and descriptions of severity can help clients gain access to military doctors and can help those doctors in coming to correct conclusions.

What is a MEB report?

Military medical providers, usually a specialist and two other medical personnel, prepare an MEB report (sometimes called a “medical board” or “med board”). MEBs do not formally convene, and they offer members no formal opportunity to testify or present evidence. Rather, their reports are based on the observations and opinions of the board members after reviewing the IDES case file, which includes the servicemembers’ medical history and results of the examinations by the IDES qualified medical examiners. The regulations set out detailed requirements for MEB reports, including types of testing required for some specific medical conditions. The reports include diagnoses, origin and history of the conditions and descriptions of treatment. The reports state whether the conditions are cause for referral into the physical evaluation board (PEB), but should not offer opinions on whether or not members are medically fit or unfit for duty. These boards do not make recommendations for discharge or retirement, or suggest any percentage of disability.

What is BCM/NR?

Members who do not feel their cases have been handled appropriately also have the option of petitioning the Board for Correction of Military/Naval Records (BCM/NR). Since this is a lengthy procedure, it does not provide much help for those whose immediate goal is discharge. But for those discharged without proper benefits, the BCMRs offer an important remedy. These boards can change the final determinations in medical disability cases, place medically discharged personnel on medical retirement, increase disability ratings, or change administrative or end-of-term-of service discharges to medical retirement.

How long does it take to get a medical board?

For a service member currently in active duty status, it’s important to be patient. The entire process is often done within 90-100 days of the initial packet submission to evaluate an outcome.

What is the MEB?

The MEB (Medical Evaluation Board) is the primary determining factor on whether a soldier has a long-term medical condition that meets medical standards. While they don’t necessarily drive actions on discharge, they do help determine whether a soldier will be able to continue service or not.

Who is Justin Williams?

Justin Williams is a certified Microsoft Specialist and U.S. Army Veteran. Serving in 2008, he was a Multichannel Transmission Systems Operator with the 15th Signal Brigade. After an Honorable Discharge, he struggled to get access to military benefits for service-related injuries.

Introduction

• Attorneys and counselors are seeing increasing numbers of soldiers and sailors with physical and emotional injuries and illnesses, many resulting from the wars in Iraq and Afghanistan. The military’s handling of various medical conditions is often affected by the demands on commanders to fill their rosters for deployments, by lack of training or understanding of the reg…

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Criteria For Medical Discharge Or Retirement

Benefits of Medical Discharge Or Retirement

Counseling Considerations

Medical Documentation

Initiating Medical Proceedings

Integrated Disability Evaluation System

Deployment of Ill and Injured Servicemembers

Conclusion