Jason Perry
Founder and Leader
Site Founder
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
The Walter Reed Scandal revealed unconscionable failures of leadership and in taking care of Wounded Warriors. Photos and reports of mold filled rooms, cheap mattresses, dead cockroaches and rodent droppings in Wounded Warrior's living quarters provoked outrage and led to Congressional hearings. Failures in Wounded Warrior management, care, and disability processing were revealed. In the aftermath, the Secretary of the Army and the Army Surgeon General were replaced. Congress and the senior military leadership promised swift reform and that the problems in the military disability evaluation system would be fixed. Moving forward, there would be fair evaluations and ratings for those injured Warriors who could not continue to serve. These promises were passed into law in January of last year by the 2008 National Defense Authorization Act. Ten months after this law was passed, the Department of Defense issued a directive to the Military Departments to implement the law. One of the most promising reforms was the grant to Wounded Warriors of the right to counsel from an impartial physician regarding the findings of the Medical Evaluation Board (MEB) and a "fully documented" written response to the concerns of the injured member from the MEB Convening Authority. However, the promise has not been realized. Since the Military Departments have failed to implement this law more than a year after its passage, I call on Secretary Gates to inquire of the Military Service Secretaries and the Chiefs of Staff and Naval Operations why they have not implemented the law and his order to do so. If they cannot pledge commitment to a plan for immediate compliance, he should demand their resignation.
Resignation is an extreme response and perhaps, if the failure to implement the law was based on an onerous requirement, the passage of time without execution of the order could be excused. However, an easy fix, requiring no additional expenditure of funds, could be implemented. A one day stand down with training for all PEBLOs and MEB Convening Authorities could immediately ensure that they know the requirements of the law. The Military Services could later publish regulations delineating responsibilities in implementing the law. However, given the easy fix, there is no excuse for not demanding immediate compliance or resignation.
More than a year after the law was passed and 6 months after the Secretary of Defense ordered compliance, the Military Departments have not implemented the law. As several members of this site have recently posted, they have requested the appointment of an Independent Medical Advisor and have been ignored. As a military disability attorney, I have had direct experience with the failure of the Military Services to comply with the law. Common issues at the MEB include the failure to include disabling injuries for rating, erroneous diagnoses, and a failure to provide required evaluation for rating. To illustrate, if a Wounded Warrior suffers from reactive arthritis, it is necessary to measure the limitation of the range of motion in all of their affected joints. Without this measurement, it is impossible to determine the degree of their disability and to assign a proper rating. The MEBs routinely fail to fully evaluate the range of motion limitations and refuse to address the Warrior's request for the evaluation. The Physical Evaluation Boards (PEBs) then claim that they cannot award a rating based on a lack of evidence.
When the law was first passed and even after the Secretary of Defense directed its implementation, I routinely requested on behalf of clients the appointment of an Independent Medical Advisor. I drafted letters requesting this (and even attached the law and the directive so that there would be no confusion about the requirements). The results were, to say the least, mixed. Uniformly, the requests were initially denied. In a few cases, after discussion, the local MEB acquiesced. However, in the majority of cases, the Physical Evaluation Board Liaison Officer (PEBLO) failed to forward the request to the proper authority, denied the request and claimed that the law did not apply. This happened as recently as yesterday. In one case, I requested the IMA during the MEB, and protested to the PEB that the request was denied. I got no response from the MEB, who then forwarded the incomplete case to the PEB. My protest to the PEB was answered with a response that the failure to provide the Independent Medical Advisor was an issue for the MEB, and not for the PEB, to address. This response ignores the fact that the PEBs are supposed to return incomplete cases to the MEB for further evaluation. Notably, the 2008 NDAA also mandates training for the PEBLOs and the PEBs in the requirements of the law. Obviously, this has not occurred.
To explain the importance and impact of the requirement for an Independent Medical Advisor, it is necessary to explain the function of the MEB and the PEB. The Medical Evaluation Board is charged with examining an injured member, documenting their injuries, and determining if their conditions meet retention standards. If they do not, the case is then forwarded to the PEB for a determination of benefits. The MEB Report is a critical document that provides the PEB with the evidence necessary to determine a Wounded Warrior's benefits. Think of the MEB as the body that gathers evidence and the PEB as the body that determines benefits based on the evidence. If a member's conditions are not accurately described by the MEB, it is impossible for the PEB to determine the proper benefits.
It is a central tenet of our Constitution that the Military is subordinate to our civilian leadership. Congress identified a failure to accurately rate Wounded Warriors and passed a law to address this issue. The President signed the law and the Secretary of Defense directed the Military Departments to comply. Yet, more than a year after Congress acted, the Military has not complied. It should not be incumbent on Wounded Warriors to first incur low ratings, be denied a full and fair hearing and then have to bear the expenses involved in fighting the illegal actions of the Military Services. Simply put, Secretary Gates should not permit further delay by the Military in implementing the law and his orders. If the Walter Reed scandal and the promised reforms meant anything, action is required now.
Note: There will be follow-up posts on how granting the right to the IMA can make the system much more efficient and a further explanation of why this right is so important.
Resignation is an extreme response and perhaps, if the failure to implement the law was based on an onerous requirement, the passage of time without execution of the order could be excused. However, an easy fix, requiring no additional expenditure of funds, could be implemented. A one day stand down with training for all PEBLOs and MEB Convening Authorities could immediately ensure that they know the requirements of the law. The Military Services could later publish regulations delineating responsibilities in implementing the law. However, given the easy fix, there is no excuse for not demanding immediate compliance or resignation.
More than a year after the law was passed and 6 months after the Secretary of Defense ordered compliance, the Military Departments have not implemented the law. As several members of this site have recently posted, they have requested the appointment of an Independent Medical Advisor and have been ignored. As a military disability attorney, I have had direct experience with the failure of the Military Services to comply with the law. Common issues at the MEB include the failure to include disabling injuries for rating, erroneous diagnoses, and a failure to provide required evaluation for rating. To illustrate, if a Wounded Warrior suffers from reactive arthritis, it is necessary to measure the limitation of the range of motion in all of their affected joints. Without this measurement, it is impossible to determine the degree of their disability and to assign a proper rating. The MEBs routinely fail to fully evaluate the range of motion limitations and refuse to address the Warrior's request for the evaluation. The Physical Evaluation Boards (PEBs) then claim that they cannot award a rating based on a lack of evidence.
When the law was first passed and even after the Secretary of Defense directed its implementation, I routinely requested on behalf of clients the appointment of an Independent Medical Advisor. I drafted letters requesting this (and even attached the law and the directive so that there would be no confusion about the requirements). The results were, to say the least, mixed. Uniformly, the requests were initially denied. In a few cases, after discussion, the local MEB acquiesced. However, in the majority of cases, the Physical Evaluation Board Liaison Officer (PEBLO) failed to forward the request to the proper authority, denied the request and claimed that the law did not apply. This happened as recently as yesterday. In one case, I requested the IMA during the MEB, and protested to the PEB that the request was denied. I got no response from the MEB, who then forwarded the incomplete case to the PEB. My protest to the PEB was answered with a response that the failure to provide the Independent Medical Advisor was an issue for the MEB, and not for the PEB, to address. This response ignores the fact that the PEBs are supposed to return incomplete cases to the MEB for further evaluation. Notably, the 2008 NDAA also mandates training for the PEBLOs and the PEBs in the requirements of the law. Obviously, this has not occurred.
To explain the importance and impact of the requirement for an Independent Medical Advisor, it is necessary to explain the function of the MEB and the PEB. The Medical Evaluation Board is charged with examining an injured member, documenting their injuries, and determining if their conditions meet retention standards. If they do not, the case is then forwarded to the PEB for a determination of benefits. The MEB Report is a critical document that provides the PEB with the evidence necessary to determine a Wounded Warrior's benefits. Think of the MEB as the body that gathers evidence and the PEB as the body that determines benefits based on the evidence. If a member's conditions are not accurately described by the MEB, it is impossible for the PEB to determine the proper benefits.
It is a central tenet of our Constitution that the Military is subordinate to our civilian leadership. Congress identified a failure to accurately rate Wounded Warriors and passed a law to address this issue. The President signed the law and the Secretary of Defense directed the Military Departments to comply. Yet, more than a year after Congress acted, the Military has not complied. It should not be incumbent on Wounded Warriors to first incur low ratings, be denied a full and fair hearing and then have to bear the expenses involved in fighting the illegal actions of the Military Services. Simply put, Secretary Gates should not permit further delay by the Military in implementing the law and his orders. If the Walter Reed scandal and the promised reforms meant anything, action is required now.
Note: There will be follow-up posts on how granting the right to the IMA can make the system much more efficient and a further explanation of why this right is so important.