Military members who have been diagnosed with any medical condition that calls into question their ability to perform their duties are referred to the Disability Evaluation System (DES). Once a service member is identified as having a potentially unfitting medical condition, they are referred to a Medical Evaluation Board (MEB).

The MEB will review all medical conditions and make a recommendation to the Informal Physical Evaluation Board (IPEB) regarding each condition. Oftentimes, there are multiple medical conditions that are overlooked or underassessed by the MEB provider. This is especially true for reservists who routinely have a majority of their care provided by a licensed medical professional who is not associated with the Department of Defense or Defense Health Agency.

While undergoing disability processing, it is imperative that a service member have aggressive representation at all stages, as the determination whether to separate the member with severance pay or place the member on one of two disability retirement lists hinges on the decisions rendered at each stage of the DES. The DES is comprised of the MEB, the IPEB, and the Formal Physical Evaluation Board (FPEB). The member has due-process rights built into each stage, such as submitting a rebuttal to a Narrative Summary, requesting an Impartial Medical Review, submitting a Request for Reconsideration to the IPEB, requesting that the Department of Veterans Affairs revisit its rating determinations, or appealing to the FPEB.

Understand Your Rights to Exercise

Knowing which rights to exercise during disability processing is crucial as it could mean the difference between medical retirement or separation with severance pay. While the latter can seem like a nice option at the time, as it is usually a lump-sum payment worth a several thousand dollars, the former can be worth millions of dollars more over the course of the member’s lifetime.

When making a decision on which due-process rights to exercise, it is important to consider what the issue is that the member would like to appeal and how, if that appeal is granted, it will impact the service member down the road.

Whether you are attempting to get referred to the DES or are currently undergoing the process, it is important that you have an advocate in your corner who has a strong understanding of the military regulations governing the process, the VA Schedule for Rating Disabilities upon which your rating decision is based, and how to best maximize your potential financial benefits after leaving service.

Tully Rinckey attorneys understand that issues involving the disability processing of military service members can be challenging, and they will handle your matter with the attention and tact it deserves. If you have additional questions about disability processing of military service members, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Eric Duncan is a Senior Associate in Tully Rinckey PLLC’s Buffalo office, where he focuses his practice around military law. Prior to joining Tully Rinckey, Eric served in the Infantry of the United States Marine Corps. After transitioning from military service, Eric completed law school, where he conducted research into veteran groups and resources and worked as a founding member of the Veterans Legal Practicum at the University at Buffalo School of Law. Eric takes pride in defending our nation’s men and women in uniform. He can be reached at (716) 439-4700 or at info@tullylegal.com.