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The DA Form 3947 is properly completed. You have two specific conditions expressly identified as failing medical retention standards in Block 11. Based on those failed conditions, the MEB in Block 13 has recommended your case be referred to a PEB. Block 12 is inapplicable to your case...

I am no expert on profiles or PULHES, but generally the P3 designation for conditions related to the legs or feet will be under the lower extremity "L" designation and there is only one designation even if numerous conditions. However, each of the disabling conditions should be called out in...

When a general court-martial convening authority makes a decision like this, the input of the chain of command has great weight, although it is not necessarily dispositive. You should get with your Trial Defense Service counsel assigned to you in connection with the administrative separation...

The ultimate disposition of your case either as a medical separation through the Disability Evaluation System or as an administrative separation, assuming your PTSD is determined to fail retention standards and is unfitting, will likely turn on the the severity of your diagnosis and its cause...

In my humble opinion, the Supreme Court’s decision this past term in Loper Bright will not have a significant impact on the litigation of military pay cases in either the U.S. Court of Federal Claims or in U.S. district courts, to include cases reviewing correction board or discharge review...

Here is an updated version of the outline I have prepared which covers some of the procedural and substantive issues relating to the review of disability decisions by the military correction boards and the U.S. Court of Federal Claims and U.S. district courts. It's a quick reference guide for...

The Appendix K actually adopted by the US Court of Federal Claims deleted the draft rule's scope limitation to only cases relying on the Military Pay Act to now include all military pay cases, including those involving disability benefits: "This Appendix describes standard practices for cases...

BLUF: You will be referred to a MEB and likely to a PEB. Whether the PEB determines that you are fit or unfit will turn on the current status of your Type I diabetes including your HgA1C levels, the existence of any residual effects such as diabetic retinopathy or episodes of ketoacidosis or...

Practitioners in the United States Court of Federal Claims who handle military pay cases should be aware of an amendment to the Rules of the Court of Federal Claims (“RCFC”) that takes effect Monday, July 29, 2024. The amended RCFC add a new Appendix K, Procedure in Military Pay Cases...

A PEB has considerable latitude and discretion in determining what conditions render a Service member fit or unfit. The nature of the medical condition is one factor, but the PEB ultimately must determine the extent to which, if at all, the condition prevents a Service member from being able to...

Unfortunately, your experience is not unique or an aberration. Despite the fanciful representations made on the ABCMR website suggesting that a decision will be made within 12 to 18 months, experience shows as you have discovered that it may take two to three years or longer for the ABCMR to...

It is hard to speak to the specifics of your case absent a more complete understanding of the facts and the issues involved. Suffice it to say, it is unusual although not irregular for the Secretary of the Army (or her delegee) to overturn a favorable ABCMR decision. Typically, such cases...

The short answer is no. There are a number of medical conditions to which the VA applies a presumption of service connection pursuant to VA statutes in title 38 of the U.S. Code and VA implementing regulations, including those related to Camp Lejeune water exposure, Agent Orange exposure, and...

The language on the DA Form 1618 regarding recoupment controls and expressly provides two bases for incurring a potential monetary obligation for failure to complete your ADSO: (1) voluntary separation; or (2) separation due to misconduct. A medical separation, whether resulting in a...

Thanks for flagging this, Jack. This is clearly driven by the Army's retention and recruiting challenges and now allows the Army to work around the current language of AR 635-40, paragraph 5-4.e.(2) that directs that “… the PEB will find Soldiers unfit who are medically disqualified for...

A Physical Evaluation Board is responsible for making the administrative determination whether a service member’s disability compensation will be excluded from Federal gross income for tax purposes in accordance with 26 U.S.C. § 126. See Dept. of Defense Instruction 1332.18, Disability...

Provis is correct. At a minimum, assuming you are currently a member of the Selected Reserve and you have at least 15 good years of qualifying service, a disqualifying physical disability makes you eligible for a non-regular retirement when you reach the age of eligibility, which typically is 60...

VA presumptive service-connection determinations, whether based on the PACT Act or the many other presumptive conditions identified in VA statutes or regulations, are neither binding on nor are they recognized by the DoD or the military departments in determining whether a disability was...

Each of the military departments authorizes a service member to appeal the findings and recommendations of a formal PEB. Army appeals go to the U.S. Army Physical Disability Agency (USAPDA) pursuant to Army Reg. AR 635-40, ¶¶ 4-25.a.(2), 4-25.l. and Army Directive 2021-05 (Integrated Disability...

None of the military departments gives any weight to or consideration of a VA rating in determining whether the condition was incurred or aggravated in the LOD or whether it is unfitting for DoD disability purposes. You need to rely on your service treatment records (as well as personnel...