Knowing your rights during military disability processing is crucial, because it could mean the difference between medical retirement pay or separation with severance. While separation with severance may seem like a nice option at the time, as it is usually a large lump-sum payment worth tens of thousands of dollars, medical retirement may be worth much more over the course of a service member’s lifetime, and the severance payment will likely be recouped from any future VA disability payments.

What to Know About Medical Disability Retirement

To obtain a medical disability retirement from the military, a disability percentage will be assigned by the Physical Evaluation Board (PEB), which will determine whether your disability qualifies for retirement or separation. For example:

• if you have less than twenty (20) years of active service, a disability rating of thirty (30) percent or higher will qualify you for retirement, and a disability rating below thirty (30) percent will result in separation;
• if you have twenty (20) or more years of active service, retirement will be recommended regardless of your disability rating; and
• if your disability existed before you entered the Armed Forces, you will be recommended for discharge without benefits.

Your branch of service may place you on either the temporary disability retired list (TDRL) or the permanent disability retired list (PDRL).  A member of the TDRL or the PDRL is a retired member of the Armed Forces, and entitled to all rights and privileges of a military retiree, which may include:

• participation in survivor benefit plans;
• voluntary/involuntary allotments from your retired pay; and
• disability compensation from the Department of Veterans Affairs

To have the chance at a medical disability retirement you must first have an injury, condition, or disease that was incurred or aggravated in the line of duty, and the great thing about active duty is that there is already a presumption that the injury incurred in the line of duty. That injury, condition, or disease must render you unfit to perform the duties of your rate, rank, or MOS.

How Does the Military Determine Whether You Are Unfit?

It’s a decision made by a medical evaluation board, and the decision is based on what you disclose to medical and what is contained in your medical records. The process may take a long time; however, with the help and assistance of an attorney it is possible to expedite the process.

Once a condition has been identified as possibly unfitting, you are referred to a Medical Evaluation Board (MEB) for evaluation. The MEB will go through your military medical records, and you will be evaluated by the VA to determine your rating.

The Informal Physical Evaluation Board (IPEB)

After being evaluated by the MEB, an informal physical evaluation board (IPEB) will determine the following:

• whether the injury, condition, or disease is unfitting;
• whether the injury, condition, or disease incurred in the line of duty;
• whether the injury, condition, or disease is combat related; and
• determine the assigned rating for your unfitting conditions.

If your assigned rating for the unfitting conditions is less than thirty (30) percent, you are medically separated with severance, meaning:

• severance is a lump-sum cash amount depending on your rank and time in service; and
• you will not receive a VA disability payment until the full amount of the severance payment has been deducted from any service-connected compensation assigned by the VA (a huge pitfall!).

If your VA rating is thirty (30) percent or more, you will be medically retired and you will receive a pension from the service component for the rest of your life along with all other benefits a retired service member is entitled to, including Tricare for life.

Formal PEB

If you disagree with the IPEB’s findings, you can request a formal PEB (FPEB). The FPEB is a formal hearing where you can litigate the issues before a Board. It is highly recommended to retain a lawyer to assist and represent you through this process. The FPEB conducts a “de novo” review, meaning the Board will review your case from scratch and make all the necessary determinations again.

One-Time VA Reconsideration

If you disagree with the initial assigned ratings, you can request a one-time VA reconsideration where the VA reconsiders your rating(s) based on your VA evaluation. It is highly recommended that you retain an attorney who is knowledgeable of the VASRD conditions and rating assignments.

Tully Rinckey attorneys understand that issues involving the disability processing of military service members can be challenging, and they will handle your matter with the attention and tact it deserves. If you have additional questions about disability processing of military service members, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Jonathan Gonzalez is an Associate in Tully Rinckey’s Austin, TX, office, focusing on veteran and military law. Jonathan has successfully advocated on behalf of his clients at the Navy and Army Formal Physical Evaluation Boards. He assisted an Army Reservist obtain medical retirement at one hundred percent (100%). Jonathan has also successfully negotiated discharges from the Armed Forces obtaining the most favorable discharges his clients can receive and advocated for his clients before the Discharge Review Board and Board for Correction of Military Records for all five (5) branches.