MEB/PEB

american flag web

MEB/PEB Lawyer

Military service is grueling. Multiple deployments, physical training requirements and the physical demands of serving your country take a toll on the body and mind. Eventually, the wear and tear on your body and mind can call into question your fitness for continued service. In the normal course of things, a sick or injured service member is placed first on light or no duty. If the condition persists, it can lead to formal medical discharge processing through either the MEB and/or the PEB process. If you are going through and MEB or PEB you need the best legal help you can get to determine what you should do.What Should I Do?

If you are going through an MEB or PEB you need to make some important decisions. The PEBLO can provide general information for you, and the military has a number of lawyers who represent service members free of charge as they go through the process. In addition, you have the absolute right to hire a civilian attorney of your own choosing.

The first thing you will need to decide is whether you have the ability to continue to serve or not, or whether you want to fight to stay in the service despite the injury or illness that is hampering you. If you decide to fight, this is the beginning of a process involving rebutting the written findings of the board, obtaining a nonmedical assessment from your chain of command that is favorable to your remaining on you, and demonstrated that you remain deployable, capable of meeting the physical fitness requirements and standards of your service, capable of performing in your MOS or able to be transferred to another MOS. This is the level where the assistance of a skilled military lawyer can begin to make a difference.

If you decide that you are not physically able to continue on active service, this does not end the decision-making process. The recommendations of the board may fail to reflect that the cause of the disqualifying condition is related to combat, combat-related activities or service connected. The board may under-represent the degree of impairment caused by the condition, which effects whether or not you are medically retired, with the accompanying benefits of medical care through the military system, retirement pay and allowances, and the other benefits of retirement from the service, or medically separated, which leads to separation pay and access to medical care through the Veteran's Administration alone. The board can also temporarily retire you, or permanently retire you. At this level, the actions of a military attorney can make a dramatic difference in the nature and amount of treatment or compensation you receive from the service because of your condition.

Appealing The Medical Board Results

After the medical board is complete, you can challenge the results. This will give you the right of appearance before the Physical Evaluation Board, which is a "due process" evidentiary hearing that focuses on all of the same issues that were dealt with in the medical board at the local level. You have the representation of an appointed military lawyer, and may also retain a civilian military lawyer. At this level, the development of the prior record is crucial, but you are still permitted to present new evidence concerning your fitness for service, the degree of impairment, and the ultimate finding that will determine whether your are separated or retired, and the degree of your disability.

What if I am also pending administrative discharge?

This is one of the most complicated areas of the law, and you need an experienced military attorney to assist you. If the command is moving to administratively separate you and you are also going through the PEB process, the regulations can be conflicting and confusing. Each service has its own rules and regulations, and you need an experienced Georgia MEB/PEB attorney on your side.

Contact An Experienced Service-Related Disability Attorney

If you have further questions regarding military law or defense, contact William E. Cassara, PC. We provide representation to clients throughout Georgia and nationwide in a wide range of matters. We can be reached by phone at 800-511-9293 or through our easy online contact form to schedule a free consultation.

  • CONTACT US

  • Please provide a brief summary of your situation. If you are inquiring about an upgrade to your discharge please include what service you were in, what type of discharge you received and the date of your discharge, along with the circumstances surrounding your discharge. Thank you.

  • Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

William E. Cassara- Military Law Attorney

Recent Accomplishments

Air Force Court Reverses Military Judge’s Dismissal of Sexual Assault Charge

By William Cassara | September 3, 2020

In January 2016, Senior Airman Harrington was at a party with several individuals. SSgt FC, LB, and TSgt KW were at the party as well. The group played several drinking games, including an “adult” version of Jenga. The game required individuals to perform tasks, such as removing articles of clothing […]

Read More
Navy Criminal Appeals

Navy-Marine Corps Court Affirms Assault Conviction for HIV Positive Marine

By Beth Harvey | August 20, 2020

NMCCA issued an opinion in the case of US v Lewis this week. Sgt Lewis was convicted of three specifications of failure to obey a lawful order, one specification of sexual assault by causing bodily harm, one specification of indecent viewing, and one specification of assault consummated by a battery. […]

Read More
caaf army

Court of Appeals for the Armed Forces Limits the Use of Prior Statements at Trial

By William Cassara | July 14, 2020

Military rules of evidence generally do not allow hearsay statements to be admitted at trial. Hearsay statements are statements made outside of court that are offered as proof of the substance of that statement. There are several exceptions to the hearsay rule, such as statements included in regular business records. […]

Read More
Click to Call 706-860-5769
Scroll to Top