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.
 
I've tried following the link for the new readers but keep getting lost in all the reply threads.
I have several ailments, two (knee and parathyroid) which need surgery but they are holding off on, PTSD, sleep problems etc. My question is, when you get referred to an MMRB do they look at all of your medical problems or only specific ones that you are being referred for? I have over 18 years and was told I could lose my retirement if they find me unfit and put me out w/ ie 20% or just severance pay. Is that true? Our PEBLO person said there is no magic number of 18 years to allow one to save their retirement. I have so many joint pains and can't even use a can opener anymore. I've gone from a 300 APFT my whole career and all sorts of schools and competitions to riding a bike for an APFT and recently doing absolutely nothing until I can get my surgeries. My problem is that DA wants to PCS me and make me start my care all over again. I was thinking a medical board could hold me in place so I can get my care completed, but I don't want to risk my retirement. I was denied into WTU by my commander because my rank is too high and he doesn't consider me a "wounded warrior". Contrary to two docs signing off approving the packet the MSC Cdr killed it. Please Advise. I don't want to do something to help myself in the short term if I can't complete my 20 years. Thanks.
 
RICH9821: I am in the same boat with M.S. Did you get a reply? If so, would appreciate if you would share any info you learned. Thank you.
 
Help

Hi,
I graduated from usna in 2006 and went into the HSCP program for dental school and am scheduled to graduate this May. I am currently ranked as an E-7 due to my program and apparently not being commisioned following graduation due to the program. I was in an MVA march of 08 and finally had a laminectomy march of 09. 3 months to the day after my sx the meb process was started. The packet is apparently before the board now and they have requested a LOD investigation. I wad also recently selected for further residency training in oral and maxillofacial surgery at Bethesda so I really do not want to be boarded! My questions are these: does the request for the LOD mean I am probably getting seperated? Do I have any case to get officer benefits since I graduated from a service academy despite the program I am in if I do get seperated? Lastly if I do get seperated is there any appeals process?
Thank you
 
Bigmgreen68,

Welcome to the forum, hopefully we can help you out.

does the request for the LOD mean I am probably getting seperated?
I don't think LOD investigations are indicative of separation or retention, the result however, can indicate what you need to do next to try and push the desired outcome.

Do I have any case to get officer benefits since I graduated from a service academy despite the program I am in if I do get seperated?
If you are separated for reasons of physical disability there is neither officer nor enlisted 'specific' benefits. You can either found to be fit for duty (sounds like what you want), separated with severance (rating between 0-20 percent), retired (rating 30 percent or more), or separated without any benefits due to the condition existing prior to service and not being aggravated by service (sounds unlikely in your case).

Lastly if I do get seperated is there any appeals process?
Yes, if you are found unfit for duty you have the right to a formal hearing at the PEB. If you still disagree, there are other avenues of appeal.
 
Thanks for the quick reply!
My disqualifying injuries are in my back and neck. The neck was injured during football while at the academy and worsened during the wreck. The back is just from the wreck. Are those considered service related or not iff the wreck occurred on my way to work on active duty? Also does the peb boards review and decision on my case classify as formal of informal?
Thank you
 
Are those considered service related or not iff the wreck occurred on my way to work on active duty?
Per 10 USC § 1217 your injuries at the academy are compensable. 10 USC 1217 states, "Monthly cadet pay and monthly midshipman pay under section 203(c) of title 37 shall be considered to be basic pay for purposes of this chapter (10 USC 1201 et seq)".

The injuries from your car wreck are compensable too since you were entitled to basic pay.

The law provides that so long as you were entitled to basic pay and your injuries were not incurred due to intentional misconduct, willful neglect, or during unauthorized absence they are compensable.

The IPEB ('I' meaning 'informal') will review your case first. If you disagree with their findings and appeal, you go before a Formal PEB (FPEB).
 
I just got my IPEB results back. I recieved an unfit finding with 10% disability. Thats fine with me. I dont plan on appealing. I just want out ASAP. Im just waiting for my paperwork to come back from the PDA.
 
Ok, So the LOD is done and now they are saying it may be a few more months before we hear back. The MEB was started in June. Is this a normal timeline? Also, my chain of command told me I may want to strongly consider a backup plan not including the military. I know the boards decision is completely seperate but how much stock should i put in what the chain of command is telling me. Lastly, all of this started with an MVA so I have a separate civil suite ongoing. Where can the regs/ documents about the MEB, PEB and appeals process found? Thank yoU!
 
Bigmgreen68,

The timeline varies. I think it is fine to plan ahead and have a backup plan, but would not rely on what the command says. You have to consider all of the evidence in your case file (MEB Report, Narsum, and allied documents).

Go to the first post in this thread and there are links to regulations. Also, you can look in the downloads section.
 
Thank you,
So since this whole process the only face to face contact I have had was with the Dr performing the MEB. Other than a phone call from the LT doing the LOD investigation that had been pretty much about it. Is this normal? Should there be someone counceling me in this process?
 
Jason, great forum. Thankyou for all your help with our military members. Despite this recent clarification (http://www.pdhealth.mil/downloads/MEBProcessClarification.pdf), I have found the process so very confusing. I have read your overview but am wondering if there is a single USAF flow chart somewhere that I can use to plot this course? My PCM has submitted the MEB narrative which had numerous errors and I am trying to determine how I can get it corrected before it goes further. Thanks again.
 
I just herd back from the MEB office and they are sending it to the IPEB in San Antonio. How long does it take to hear back from the IPEB? And does anyone know what a rating with a fused back would most likely come out to be?
 
ericrb017,

There is a recent post in another thread the IPEB will take a minimum of four months to complete. http://www.pebforum.com/showthread.php?p=37691&page=2#post37691

As far as the rating, it depends on the specifics of your case. No two are exactly the same. I have a fused neck and received a 0% rating. Most depends on range of motion. I was never even measured.
 
Jason, great forum. Thankyou for all your help with our military members. Despite this recent clarification (http://www.pdhealth.mil/downloads/MEBProcessClarification.pdf), I have found the process so very confusing. I have read your overview but am wondering if there is a single USAF flow chart somewhere that I can use to plot this course? My PCM has submitted the MEB narrative which had numerous errors and I am trying to determine how I can get it corrected before it goes further. Thanks again.

Nonatus, Don't overlook some important downloads available from this site which include a detailed description of the DES process. Albeit from the Army, this file does contain a flowchart:
Physical Evaluation Board Forum - Downloads - Army PDES Guidance 2007

This one contains another flow chart and also links to Air Force websites.
Physical Evaluation Board Forum - Downloads - Disabled American Veterans (DAV) PDES Booklet


http://www.pebforum.com/downloads.php
 
I just got my IPEB results back. I recieved an unfit finding with 30% disability and PDRL. I'm not at all cool with the 30%. I plan on appealing. Would anyone know some lawer's in or around Lackland AFB?
Dwight
 
I just got my IPEB results back. I recieved an unfit finding with 30% disability and PDRL. I'm not at all cool with the 30%. I plan on appealing. Would anyone know some lawer's in or around Lackland AFB?
Dwight

When was your package sent in to the IPEB?
 
can anyone help me? I just recieved the DA3947, NARSUM. 3 unfitting conditions and 5 others, all but one (meets retention) were marked "incurred while entitled to base pay" 4 items that were marked unfitting were marked no in "existed prior to service" the other 4 were not, with the exception of ADHD that cant be right, considering I have been in since I was 17 and I just turned 50.

Question. Do I need the 3947 corrected?
 
Chris,

I can't tell from reading what they marked for each condition. Also, the statement that three of your conditions are unfitting, is that a guess on your part? (I assume so, because the PEB decides that, not the MEB).

It might be easiest if you list out each condition, state if it meets retention standards, whether incurred while entitled to basic pay, whether EPTS/service aggravated.

How many years of service do you have? I am assuming you are a reservist, because of your years, if so, state years for reserve and years of active federal (total points divided by 360).

Do you have LOD for all injuries/disabilities? If not, what was your duty status when each disability was incurred or identified?
 
Sir,

I am a National Guard M-Day soldier. I am currently on a long tour ADOS order. I have 20 total years, and about 16 years of Active service (10 Active Army, 6 either deployment or ADOS). I was diagnosed with Polyscistic Kidney Disease by the military. At my latest Dr's visit it was diagnosed that my Kidney function is around 15%. The military medical staff forwarded this to West Point. I guess what I need to know is, am I eligable for a Fulltime Medical Retirement?

I apreciate your time.
 
I am a 17 year Soldier with extreme chronic back pain as well as partial loss of smell and sleep apnea. I have gone through every type of treatment available: meds (multiple), chiropractor, physical therapy (3 times), acupunture, electric stimulation, steroid injections, etc. with little to no relief. I am at the point that it is affecting my ability to properly do my job including not passing my last PT test for the first time in my career. It's much worse than just that but I wanted to get the jist of the problem.

What is the criteria to get medically retired. I don't wantto receive a lump sum of money (if I'm even eligible) and be told have a nice day after serving 17 years (22 if you include Reserve time). Thanks for your time.
 
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