Correction Board and Federal Court Review of Disability Decisions

[RetiredAtty]

Here is an outline I put together that identifies and discusses some of the procedural and substantive issues that arise in the review of military disability decisions by the correction boards and the U.S. Court of Federal Claims and U.S. district courts. It also includes a very brief overview of the DoD Disability Evaluation Process and some pointers about correction board applications that I’ve learned from personal experience representing pro bono clients or from the suggestions of other practitioners.

 

[johnbgately]

Dear Scott, This is a great resource, and I have reached out to one of the moderators to ensure that this document is put into the Resources section so that it is given heightened visibility. For those of you reading this post, Scott MacKay is a retired JAG and corporate counsel who does superb pro bono work for veterans and former service members. He has compiled a 53-page outline of post-separation relief options and case law at the Boards of Correction and in the Federal courts that is the best overview of this subject that I have seen in 34 years of practicing law. Thanks again for all that you do, Scott! All the best, Jack Gately

 

[SD605]

Here is an outline I put together that identifies and discusses some of the procedural and substantive issues that arise in the review of military disability decisions by the correction boards and the U.S. Court of Federal Claims and U.S. district courts. It also includes a very brief overview of the DoD Disability Evaluation Process and some pointers about correction board applications that I’ve learned from personal experience representing pro bono clients or from the suggestions of other practitioners.

Thank you for this great resource. I have a question that maybe you can help point me in the right direction. I received an administrative discharge and applied for relief to the board of corrections. They granted relief on everything I asked for but for medical retirement they ordered the PEB to evaluate the case and make a determination. Will the PEB reach out to me or how would I know where my case is in that process?

 

[RetiredAtty]

In my experience, after a correction board orders relief involving referral of a case to a PEB, it takes a month or two for the PEB administrative people to act on the correction board's order. At some point, administrative folks from the PEB should reach out to you to advise you on the status of your case before the PEB. You can always reach out to the PEB concerned to try to find out what is going on. For example, if you are Army, you can reach out to the PEB at Fort Sam Houston, TX, which would handle the case. Do not assume that because the correction board sent your case to a PEB, the PEB will find in your favor either that you had an unfitting medical condition at the time of discharge or that it entitled you to a disability retirement by being rated at 30% or more. You or your counsel should be prepared to advocate the case before the informal PEB or, if necessary, a formal PEB. In that regard, as part of the PEB proceeding, make sure you get a copy of the file the PEB has, to ensure that all the relevant medical or information is there. VA or private medical records may not be.

 

[SD605]

In my experience, after a correction board orders relief involving referral of a case to a PEB, it takes a month or two for the PEB administrative people to act on the correction board's order. At some point, administrative folks from the PEB should reach out to you to advise you on the status of your case before the PEB. You can always reach out to the PEB concerned to try to find out what is going on. For example, if you are Army, you can reach out to the PEB at Fort Sam Houston, TX, which would handle the case. Do not assume that because the correction board sent your case to a PEB, the PEB will find in your favor either that you had an unfitting medical condition at the time of discharge or that it entitled you to a disability retirement by being rated at 30% or more. You or your counsel should be prepared to advocate the case before the informal PEB or, if necessary, a formal PEB. In that regard, as part of the PEB proceeding, make sure you get a copy of the file the PEB has, to ensure that all the relevant medical or information is there. VA or private medical records may not be.

Thank you so much for taking the time to respond I greatly appreciate it. Unfortunately I am doing all of this on my own as I don't have the funds for attorney. My biggest concern was how do I present information and evidence if they don't reach out to me. I will wait for communication from PEB and start on my brief and gathering records and evidence in support of my medical. I'm hopping they take into consideration that the VA doctors connected my condition and backdated it to my date of discharge. Again I can't thank you enough for the response!

 

[chaplaincharlie]

Here is an outline I put together that identifies and discusses some of the procedural and substantive issues that arise in the review of military disability decisions by the correction boards and the U.S. Court of Federal Claims and U.S. district courts. It also includes a very brief overview of the DoD Disability Evaluation Process and some pointers about correction board applications that I’ve learned from personal experience representing pro bono clients or from the suggestions of other practitioners.

Thank you for posting your resource. It has been uploaded to the resource section.

 

[SD605]

In my experience, after a correction board orders relief involving referral of a case to a PEB, it takes a month or two for the PEB administrative people to act on the correction board's order. At some point, administrative folks from the PEB should reach out to you to advise you on the status of your case before the PEB. You can always reach out to the PEB concerned to try to find out what is going on. For example, if you are Army, you can reach out to the PEB at Fort Sam Houston, TX, which would handle the case. Do not assume that because the correction board sent your case to a PEB, the PEB will find in your favor either that you had an unfitting medical condition at the time of discharge or that it entitled you to a disability retirement by being rated at 30% or more. You or your counsel should be prepared to advocate the case before the informal PEB or, if necessary, a formal PEB. In that regard, as part of the PEB proceeding, make sure you get a copy of the file the PEB has, to ensure that all the relevant medical or information is there. VA or private medical records may not be.

Just wanted to follow up I heard from the informal PEB they never reached out or asked for information they sent me the findings and gave me 50% rating so I signed and agreed with the findings. I was shocked how quick it was and didn't require a fight.