MEDICAL EVALUATION BOARDS
The Medical Evaluation Board process is often a stressful period for a service member. There is often some uncertainty as to whether the individual will be unfit for duty and what sort of disability rating they can expect.
The process often begins after a period of limited duty. A Medical Evaluation Board is initiated where a doctor documents the member's medical history, physical status, and duty limitations. There is an inquiry into the extent to which medical conditions interfere with duties. Lawyers are usually not involved at this stage - when doctors are examining whether the member meets retention criteria.
Following the creation of the Medical Evaluation Board Report, a Narrative Summary is authored. The NARSUM includes all of the ratable conditions that will be referred to the Physical Evaluation Board. The member has 3 days to appeal. It can be extremely important to have a lawyer knowledgeable in the Disability Evaluation System, medicine, the Veterans Administration Schedule of Ratings and Disabilities, and the actual PEB process review the NARSUM. A free consultation is highly advisable. Many firms advertise that they handle medical evaluation boards. However, you want somebody that is knowledgeable about the medicine involved in your case and the VASRD.
An informal PEB determines whether you are fit or unfit for duty. If you do not like the results of that finding, you can appeal for a hearing. Lawyers knowledgeable in the medicine of your case can be valuable at the hearing. There is risk involved in the hearings also because the board could determine that a condition was not service connected. These are considerations that must be discussed with counsel.
Disability calculations can be complicated. They function in 10 percent increments. Ratings above 30% result in inclusion in either the Temporary Disability Retired List (TDRL) or Permanent Disability Retired List (PDRL). Separation and disability checks are dependent on the disability rating. The distinction between the TDRL and PDRL is significant. Under the TDRL, you will have to undergo a new evaluation every 18 months to determine whether your condition has improved or resolved.
The stakes in a medical evaluation board are so high, you should take a few minutes to consult us with the email form to the left or a phone call.
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Daniel Conway Partner
For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...Read More
Gary Myers Partner
Gary Myers is a former JAG officer and one of the most experienced civilian military defense counsel in the country. He attended the University of Delaware where he received his undergraduate degree in chemical engineering in 1965. Gary Myers served as president of his freshman, sophomore and junior classes and went on in his senior year to be president of the student body. Gary Myers then attended the Pennsylvania State University, Dickinson School of Law, and graduated in 1968. Gary Myers paid his way through law school by ...Read More
Brian Pristera Attorney
A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...Read More
Joseph Galli Attorney
Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...Read More
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