OVERVIEW OF MEB/PEB PROCESS

This post, like this site, is a work in progress. I realized recently that even though all the information on the Physical Disability Evaluation System (PDES) can be found here, first time visitors probably need a guide to understand what is going on with their case.

I will be posting a more comprehensive "Guide" in the near future. But for now, I want to put out this post to help newcomers and members alike understand how to use this site.

First, in the Physical Disability Evaluation System Overview Forum, you can find some basic overview/information papers on understanding the process. The updated "Guide" that I will publish will eventually replace the info papers found there. But for now, you can get a grasp of the process.

I will try to cover some high points. The PDES is mandated by Federal Law. The system is composed of four components:
1) Medical Evaluation (carried out by the MEB).
2) Physical Disability Evaluation (Carried out by PEB)
3) Counseling (carried out by PEBLO)
4) Personnel Action/Approval. (Carried out by Service Secretary or designee).


The MEB will determine if you have conditions that are disqualifying for retention. They do not make fitness determination, nor do they assign ratings. Their most important function as far as your case is concerned is in accurately diagnosing your conditions, and providing other info in their Narrative Summary. In order to find what conditions are disqualifying you should look here, depending on your Branch of Service:

Army AR 40-501 Chapter 3
Navy/USMC SECNAVINST 1850.4E Chapter 8
Air Force AFI 48-123.
Coast Guard Medical Manual, Chapter 3 Section F

If you have conditions that they are not considering, you have the right to appeal the findings and recommendations of the MEB.
Here are the regulations covering the MEB for each Service:

Army AR 40-400, Patient Administration. Chapter 7
Navy/USMC Manual of the Medical Department, Chapter 18
Air Force AFI 41-210, Chapter 10
Coast Guard COMDTINST M1850.2D

You should also look in the MEB Forum for some posts on MEBs.

Once you have identified what conditions are disqualifying, you should look them up in the Veterans Affairs Schedule for Rating Disabilities. You can find each system in this link to Conditions Forum. Once you have found each condition, you should compare your conditions to the rating criteria and see what you should be rated at. If you have the results of an Informal PEB in hand, you should also see what the criteria is for what they rated you at and compare what you think is correct versus what they actually rated you at. If there is a difference, you need to think about why they did not rate you at the higher level. Oftentimes, it is because you lack evidence of the severity of your condition. You should try to think of ways to better document your condition. This may include other medical evaluations, examinations, photographic evidence, or statements from others. Your own testimony may help as well.

You should read this post on Fitness vs. Unfitness. You can only be rated by the PEB for conditions that are unfitting. The following links contain the regulations for each Service's PEB:

Army AR 635-40
Navy/USMC SECNAVINST 1850.4E
Air Force AFI 36-3212
Coast Guard COMDTINST M1850.2D

You may want to look over the following forums for discussions on Informal PEBs and Formal PEBs.

Later, I will post some on how to find info on appeals and post administrative remedies.

One last thought. I have been privileged to represent Servicemembers both on active duty and in private practice as a civilian attorney. I have learned that there are three very important phases of your case. The first happens well before the PEB. It can make a huge difference in your case if you have a good understanding of what you will be rated on and how to ensure your conditions are properly documented. The next crucial phase is the Formal PEB. Here, a good advocate can present your case in the strongest manner, but equally important is identifying and preserving the legal errors made in your case. The third crucial phase is in appealing the decision if the PEB has made an error in your case. Based on this, my best advice is to start educating yourself and preparing for your case early. In this way, you can better understand what is happening with your case and you can ensure you have the evidence you need to get an accurate rating. Waiting until you are at the Formal hearing before preparing is putting yourself at a disadvantage.

Okay, like I said, this is a work in progress. Any requests will be considered.