Transcript Slide 1

ANNUAL PEBLO TRAINING CONFERENCE
Legal Services in the
Army Physical Disability
Evaluation System
MEB Outreach Counsel
& Soldiers’ Counsel
Mr. Steven Engle
Supervising Attorney
Office of Soldiers’ Counsel
Fort Lewis, WA
Mr. Lakandula Duke Dorotheo
Senior Soldiers’ Counsel
Office of the Center Judge Advocate
Walter Reed Army Medical Center
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Agenda
1. MEB/PEB Process Overview
2. Provision of Legal Services
a. MEB Counsel
b. Soldiers’ Counsel
c. Mission & Vision
3.
4.
5.
6.
7.
8.
Key Stages for Soldier to Consult with Counsel
National Defense Authorization Act Changes
Soldiers’ Rights Throughout the Process
Critical Legal Requirements in the Process
Governing Law, Regulations & Policy
Contact Information
2
APDES Overview
Soldier Reaches “Optimal” Medical Care ability
to perform duties unclear
Retain/Re-class MOS
RETURN
TO DUTY
Meets medical
retention std
Non-retainable
MOS Medical
Retention Board
3-member board (Physicians)
Determines whether any
conditions fail retention stds
Soldier can appeal MEB
Soldier entitled to Legal Counsel
Medical Evaluation Board
(medically based evaluation)
Fails retention
standards
3-member board
Personal Appearance
Legal Representation
Physical Evaluation Board
(performance based evaluation)
SM can appeal finding
Formal Board and/
or Written Appeal
MEB Initiated by Physician,
Commander or MMRB
Nonconcur
3-member board
Paper review
Fit / Unfit PMOS
Rate IAW VASRD
Informal Board
SM can appeal finding
Concur
Fit
U.S. Army
Physical Disability
Agency (Walter Reed)
Agency HQ
Paper review
Unfit
Appeal
APDAB / ABCMR / PDRB
Discharge
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MEB Overview
• The MEB is an informal process before a board
comprised of at least three physicians, who
compile, assess, and evaluate a Soldier’s medical
history and current condition.
• The MEB Process begins when a Soldier's optimum
medical care has been reached or when a Soldier’s
physician determines that, even with further
treatment, a Soldier is unable to return to duty
• P3
(Permanent 3) or higher PULHES Score on their
Physical Profile
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Purpose of an MEB
• The MEB’s purpose is to determine if a
Soldier’s medical condition(s) meets or
does not meet Army Medical Retention
Standards IAW AR 40-501, Chapter 3
– Findings listed on a DA Form 3947
• The MEB refers a Soldier to the Physical
Evaluation Board (PEB) if at least one
medical condition does not meet
retention standards
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MEB Dispositions
• Generally, if a Soldier meets retention standards
within the limits of the Soldier’s profile, the Soldier
is returned to duty or referred to an MMRB
– Unless Soldier previously evaluated by MMRB, in which
case the matter must be forwarded to a PEB
• If the Soldier does not meet retention standards for
even one condition, the Soldier must be referred to
the PEB for further processing
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MEB Election Period
• Independent Physician Review: NDAA 08 provides
Soldiers, upon request, a physician who is independent of
the MEB to review their MEB records and counsel them on
the MEB findings and recommendations
• Soldiers may disagree with the MEB’s findings and submit a
rebuttal statement, which the Deputy Commander for
Clinical Services (DCCS) must consider
– Seven day review/rebuttal period, extendable upon request
– Deadline begins upon the later of the completion of
independent medical review or receipt of MEB findings
– MTF has 7 days to consider and respond
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Implications of MEB
• “Medically acceptable” conditions will
generally not be found unfitting by the PEB
– i.e., conditions that meet retention standards
• “Medically unacceptable” conditions may be
rated by the PEB only they are unfitting
– i.e., condition(s) do not meet retention standards
• A MEB cannot refer to an MMRB a Soldier
who has a medically unacceptable condition
– consider MMRB before MEB is completed
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MEB vs. PEB
• MEB makes a medically-based determination
• PEB makes a performance-based analysis to
determine if a medically unacceptable condition is
fitting or unfitting
• MEB findings are not appealable to the PEB, as the
PEB does not have the authority to change MEB
findings
– Soldiers should ensure MEB is correct before it goes
forward to PEB
– PEB may send case back to MEB for further evaluation
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MOS/Medical Reclassification Board
• Neither the MEB nor the PEB is a MMRB!
• Only Soldiers with a permanent P3 or higher on
their physical profile and who meet medical
retention standards can be referred to the MMRB
• PEBs cannot reclassify a Soldier’s MOS or
consider a SMOS
• Soldiers who are not retainable in their PMOS and
are ineligible to reclassify through the MMRB are
referred back into the APDES
• Soldier has right to consult legal counsel prior to
MMRB but no legal representation at MMRB
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PEB Process
• The PEB must answer four main questions
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–
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1: Fit or unfit for each condition
2: Compensability (service connection)
3: Level of compensation
4: Whether the Soldier’s condition is combat-related or
was it incurred in the combat-zone?
• Burden of proof is by preponderance of evidence
• Exception for compensability: for which there must
be “clear and unmistakable evidence” that
condition is not service connected
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Fit or Unit
• Is the Soldier fit or unfit for duty?
– The PEB must make a determination in each
case whether the Soldier is reasonably capable
of accomplishing basic Soldiering skills and
those tasks specific to the Soldier’s PMOS, skill
level, branch, or specialty duties.
– Very fact specific
– Deployability factor is uncertain
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Compensability
• If on orders of over 30 days, was the onset of the condition
(injury or illness) during a period when the Soldier was
entitled to basic pay or was it permanently aggravated during
service?
• If on orders less than 30 days, was condition proximately
caused by military duty?
• Was the condition incurred in the Line of Duty?
• Did the condition exist prior to service?
• Was it caused by the Soldier’s misconduct?
• Was it caused by non-compliance with prescribed treatment?
• Soldiers with non-compensable conditions are separated
without benefits (0%).
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Ratings
• Under the NDAA FY 08, the Army must use
the Department of Veterans Affairs Schedule
for Rating Disabilities (VASRD) to determine
the level of compensation and may not
deviate from the VASRD unless deviation is
more beneficial to the Soldier
• Significant change, especially relating to
orthopedic conditions (DeLuca Rule)
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Ratings between 0-20%
• Soldiers with less than 20 years Active Duty
and rated from 0-20% will be Separated with
Severance Pay
• = 2 x Monthly Basic Pay x years of service
– Enhanced by NDAA 08
– Minimum service for severance pay computation = 3 years
– Combat-zone or combat-related injured Soldiers:
severance pay based on minimum of 6 years service
AND with no VA offset
– Maximum service for severance pay computation =19 years
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Ratings > 30% or 20 Year AD Retirement Eligible
• Permanent Disability Retirement (PDR)
– Rated at least 30% or 20 years Active Duty
– Unfitting condition(s) must be stable
• Temporary Disability Retired List (TDRL)
– Rated at least 30% or 20 years Active Duty
– Unfitting medical condition is unstable
– Soldiers can stay on TDRL a maximum of 5 years
with re-evaluations every 18 months
– The TDRL DOES NOT GUARANTEE that a Soldier
will be permanently retired later
• Stability criteria: Reasonable expectation severity
will change within 5 year period?
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Combat Related Criteria
• Tax Free Severance pay or disability retirement
if injuries are direct result of:
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–
–
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Armed conflict;
Instrumentality of war;
Direct result of hazardous service; or
Under conditions simulating war
• Tax Free Severance pay if condition(s) were
incurred in tax-free combat zone (NDAA 08)
– CZ provision only applies to severance, not retirement
– No VA offset/recoupment for CZ conditions
• Taxes withheld in all cases may be refunded upon
receipt of VA rating – see PDA Info Sheet
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Post-PEB Appeals
• Army Physical Disability Agency (PDA)
• Army Physical Disability Appeals Board (APDAB)
– Discrepancy between PEB and PDA
• Army Disability Rating Review Board (ADRRB)
– Review for Soldiers offered disability retirement
• DoD Physical Disability Review Board (PDRB)
– Soldiers who received DES (not VA) ratings < 20%
– Between 11 SEPT 01 & 31 DEC 09
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COAD/COAR
• Soldiers found unfit can request to continue on
Active Duty (COAD) or in the Reserves (COAR) if:
– COAD: Active duty with at least 15 or more years;
– COAR: Reservists with at least 15 or more “good” years
toward reserve retirement;
– Combat injured Soldiers; or
– Soldiers in a critical/shortage MOS.
• Note: HRC will consider all applications even if
they do not meet above criteria.
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Joint DoD/DVA DES Pilot
• Single comprehensive medical exam to include
general & specialty exams performed to dual DoD
and DVA specifications.
• MEB evaluates comprehensive exams to
determine if condition(s) meets or does not meet
Army retention standards
• Army PEB determines fit/unfit & military
compensability
– PEB does not consider DVA compensability
• DVA rates all service-connected conditions
• Army adopts DVA rating for all unfitting conditions
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Joint DoD/DVA DES Pilot
Based on:
•Medical evidence/ Occupational
Medicine review
War Injuries/
Conditions
•DoD Instruction Guidance
•Military Department Regulations
Member is
treated or
being treated
for a
medically
limiting injury
or condition
Has member
reached a point
where it is unlikely
they will meet
medical retention
standards?
Yes
Does the
member
meet
medical
retention
standard?
No
Refer for
Disability
Evaluation/
Transition Exam
Other
No
Continue Medical
Treatment
Legend
Yes
Return
to duty
Similar to old process
New process
MEB
Injury and Treatment
“Permanent” Limitation?
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Qualified for Military Job?
Initiate Exam
Joint DoD/DVA DES Pilot
All medical records and current diagnostic
results forwarded for use by VA qualified
provider
Member receives VA General Medical
Exam & comprehensive evaluation of
both potentially unfitting conditions &
other conditions claimed by member as
having been incurred in or aggravated by
military service.
Member’s Medical Evaluation
Package Completed
(complete narrative summary
of all potentially unfitting
conditions)
Service Medical Experts perform
final review, deliver final medical
retention decision
Does member meet medical
retention standards?
+
Other required documentation
P
E
No
B
Yes
Results of VA Exam
Return to duty
VA Template
MEB
PEB
NARSUM&
LOD
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Joint DoD/DVA DES Pilot
Member can have
any item or %
reconsidered by VA DRO
– one time only while on
active duty
P
E
Is the member
fit for duty?
B
No
(Unfit)
Veteran relationship
with VA system
already established.
VA Rating Panel:
Receives case file from
PEB & rates all qualified
conditions
30% or
higher
Yes
(Fit)
Return
to
duty
Veteran retains the
right to appeal in VA.
What is the applied
disability rating?
0-20%
Dispositions:
No
Placed on the
Temporary Disability
Retired List (TDRL)
Disability
is stable
Member may
elect Formal
PEB after
unfitness
determination
Member’s
years of
active duty
or
equivalent
service
Necessitates
Formal PEB
Proceedings
Processing for
compensation can
immediately begin.
PEB applies VA rating to
unfitting conditions.
≥ 20
years
Yes
Placed on Permanent
Disability Retirement
DD214
Separated with lump
sum disability
severance
< 20
years
Various Appeal levels maintained per Military
Department Regulations
PEB
Rating
Panel
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Provision of Legal Services
• Legal counsel available in 2 stages
– MEB Outreach Counsel for MEB Process
– Soldiers’ Counsel for PEB Process
• MEB Outreach Counsel & paralegal assigned to
each Warrior Transition Battalions and Brigades
– Civilian hiring actions now underway and counsel
should be in-place by December 2008
• MEB Counseling at the WTU Company will be
coordinated between nearest MEB Outreach
Counsel and servicing Office of Soldiers’ Counsel
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MEB Outreach Counsel
Co-located at 18 Brigade & Battalion Sized WTUs
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Walter Reed AMC
Ft. Polk
Tripler AMC
Ft. Gordon
Ft. Benning
Ft. Stewart
Ft. Riley
Ft. Campbell
Ft. Knox
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Ft. Drum
Ft. Bragg
Ft. Sam Houston
Ft. Hood (2)
Ft. Bliss
Ft. Lewis
Heidelberg
Ft. Richardson
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MEB Outreach Counsel & Soldiers’ Counsel
• Judge Advocates and Army Civilian Attorneys dedicated to
providing legal advice and representation to Soldiers
undergoing evaluation through the Army’s Physical
Disability Evaluation System (APDES)
• Licensed and experienced, with specialized training in the
APDES adjudication process
• Mission: To provide timely and beneficial legal advice to
Soldiers undergoing the Medical Evaluation Board process
and to provide zealous, ethical, and effective legal
representation and advocacy for Soldiers undergoing the
Physical Evaluation Board process
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MEB Outreach Counsel & Soldiers Counsel
• MEB Outreach Counsel focus on legal counseling
to the Warrior in Transition during the MEB process
– Assist Soldiers in understanding the MEB/PEB process
and forming their goals early in the process
– Provide other Legal Assistance to WTU Soldiers and their
families
• MEB Outreach Counsel work closely and in concert
with the Office of Soldiers’ Counsel
• Case transferred to Soldiers’ Counsel upon election
of formal PEB hearing.
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MEB Outreach Counsel & Soldiers Counsel
• Information Soldier provides to MEB Outreach
Counsel and Soldiers’ Counsel is confidential under
the attorney-client privilege.
• MEB Outreach Counsel and Soldiers’ Counsel
advise, counsel and represent Soldiers and -DO NOT advise or represent commanders or
members of the MEB/PEB
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Key Stages for Soldier to Consult Counsel
• Receipt of P3 Profile & Initiation of MEB
– MEB Outreach Counsel will provide general advice on process & rights
– Counsel will render advice and assist Soldier in establishing goals
– Counsel work with PEBLOs, Case Managers, the Triad, Ombudsmen,
and health care professionals to advance Soldier’s interests
– Assistance is non-adversarial
• MEB Completed/Issued (DA Form 3947)
– Soldier has 7 calendar days to review and prepare rebuttal
•
NEW (14 Oct 08 DTM, para. E3.P1.2.6.1.3)
– Counsel will advise on whether Soldier should request an independent
medical review of MEB and assist with request
•
NEW (14 Oct 08 DTM, para. E3.P1.2.6.1.1)
– Soldier & MEB Counsel will carefully review DA 3947, NARSUM,
Profile, Cdr’s Memo, etc.
– Counsel will provide case-specific advice and explain options
– Counsel will assist with drafting MEB rebuttal when requested
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Key Stages for Soldier to Consult Counsel
• Informal PEB Decision (DA Form 199)
– Soldier has 10-days to review and make election for Formal hearing
– When requested, MEB Counsel & Soldiers’ Counsel, working together,
will review results with Soldier, explain legal basis of decision, & advise
about rights
– Counsel and Soldier will discuss potential benefits and/or risks of
proceeding to a Formal PEB hearing
– Counsel will advise Soldier of regarding whether to elect or waive Formal
hearing and assist with election or waiver as Soldier decides
• Formal PEB Hearing
– Soldier will have a minimum of 10 days advance notice of Formal hearing
• NEW (14 Oct 08 DTM, para. E8.4.2)
– Soldier & Soldiers’ Counsel review entire file and discuss options
– Counsel will provide candid advice and help identify & obtain supporting
evidence
– Counsel will zealously advocate the case before the PEB
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Key Stages for Soldier to Consult Counsel
• Appeals
– Counsel will evaluate and advise on possible theories
and likelihood of success
– Counsel will assist with gathering evidence and writing
the Appeal
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PEBLO Role Critical
• PEBLOs need to encourage Soldiers to
consult with Counsel at the following states:
– Referral into the MEB system;
– Receipt of MEB Findings (DA-3947);
– Receipt of Informal and Formal PEB Decisions
(DA-Form 199).
• Early consultation with Counsel may reduce
unnecessary appeals and help reduce the
time a Soldier spends in the APDES
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Legal Services – How We Work
•
MEB Counsel located on the installation in MTF, WTU/SFAC or at OSJA
•
MEB Outreach Counsel advise Soldiers during MEB phase when requested
•
MEB Counsel will assist with MEB decision review and rebuttal when requested
•
OSC attorney assigned upon election for Formal PEB hearing
•
OSC paralegal contacts the Soldier to verify they are aware of the hearing date,
assist with logistical arrangements, and gather information from the Soldier in order
for the assigned counsel to better understand the client’s perspective and goals
•
OSC attorney will contact the Soldier & MEB Counsel ASAP
•
Soldier’s unit to cuts orders to allow Soldier to arrive NLT 1-day prior to hearing
– Soldier has the right to personally meet with Counsel at least one day in advance of the
hearing (Soldier’s unit has the duty to cut necessary travel orders of sufficient length to
ensure the right to consult with their attorney)
– Should not try to fly home same day of hearing
•
Attorney present with Soldier and represents Soldier during hearing
•
Attorney will assist with appeal when requested
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NDAA 08 & 09 — What’s New
• EPTS Rule
– New Presumption of Sound Condition for members ordered to active duty for
more than 30 days
– Applies if member on active duty orders more than 30 days and condition not
noted at time of entry to active duty
– Presumption overcome only if “clear & unmistakable evidence”
demonstrates the disability existed prior to entry on active duty and was not
aggravated by military service
• NEW (14 Oct 08 DTM, para. E3.P4.5.2.2.1)
– Applies to hereditary & genetic conditions
– Includes prior-service conditions
– 8-year rule still in effect
• Right to Independent Medical Review of MEB
– Upon request, an impartial physician or “other appropriate health care
professional” (not involved in the Service Member’s MEB process) will be
assigned to review MEB findings with the Soldier
• NEW (14 Oct 08 DTM, para. E3.P1.2.6.1.2)
– 7-day period to review and prepare rebuttal begins upon completion of
independent medical review
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NDAA 08 & 09 — What’s New
• Rating Disabilities
– DOD can’t rate lower than VASRD (but can rate higher)
• Functional (DeLuca) rule for measuring & rating ROM
• 50% TDRL rating for mental disorders due to traumatic stress
– Based on VASRD Sec. 4.129
– Protection for Military Technicians with Combat-Related conditions from loss
of civilian job
• Separation Pay
– Minimum of 3 yrs service (6 years if injured in CZ)
– Maximum of 19 yrs
– No offset for CZ incurred conditions from VA compensation
• Establish Physical Disability Review Board (PDRB)
– Available if rating under 30% & Soldier discharged between 9/11/01 and
12/31/09
– Administered by USAF
– Waives ABCMR appeal
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Soldier’s Rights
• Upon initiation of MEB
– Right to consult with legal counsel (e.g., MEB Outreach Counsel, private attorney,
other representative such as DAV)
• During MEB
– Right to consult with legal counsel
– Right to non-concur with MEB findings and to submit a written rebuttal
– Right to independent medical review upon request
• Soldier Rights during PEB
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–
Right to consult with legal counsel before requesting Formal Hearing
Right to personal appearance before PEB (may be by VTC – discuss with counsel)
Right to representation (appointed counsel, private counsel, DAV, pro se)
Right to testify (under oath, unsworn, or not at all)
Right to review and present evidence (Testimony, Documents & Witnesses)
Right to request female or minority membership on Formal Board
Right to recording of hearing
Right to appeal with assistance of counsel (in writing)
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Legal Counsel & PEBLO Relationships
• Strong coordinated relationship essential to our common goal of helping
the Soldier
– Counsel will work through and coordinate with the PEBLO whenever possible
to ensure PEBLO has situational awareness
– Counsel will always maintain an open door to discuss cases & issues
(subject to attorney-client privilege)
• PEBLO have key role in the process, to include informing Soldier of right
to consult with legal counsel
– MEB Outreach Counsel needs opportunity to speak to newly assigned
Soldiers as part of PEBLO introductory briefing on the MEB process
– Soldiers need the Legal Counsel information flyer/tri-fold in Welcome packets
• Counsel role is different in that our duty under our Rules for Professional
Conduct is to ethically and zealously advance the interests of Soldier –
– BUT –
• Our objective is mutual: to assist wounded, ill and
injured Soldiers
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Critical Legal Requirements in the Process –
MEB Stage
• Soldier must be advised of right to consult with legal counsel from
initiation of MEB
• Government counsel must have full access to computerized databases
and electronic medical records that relate to Soldier’s disabilities
• Soldier must be advised of right to request an independent medical
review by an “impartial physician” or “other appropriate health care
professional” who was not involved in the MEB
• MEB must meet minimum criteria outlined in VA General Medical Exam
and applicable Compensation and Pension Automated Medical
Information Exchange (AMIE) worksheets
• Soldier must be afforded NLT 7 calendar days to following the
independent medical review to consult counsel and prepare a rebuttal
• MTF has 7 days to consider Soldier’s rebuttal and return fully
documented decision to Soldier
• MEB should not be forwarded to PEB until rebuttal is finalized and MEB
results indicate Soldier may be unfit for duty. Fully documented rebuttal,
if any, must be included with MEB info sent to PEB.
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Critical Legal Requirements in the Process PEB Stage
• Soldier has 10 days to review IPEB and make election
• Soldier has right to personal appearance at Formal PEB
• Soldier must be provided with NLT 10 days advance notice
of Formal board
• Soldier shall be afforded sufficient time to arrive (more than
one day) in advance of scheduled hearing to confer with
government legal counsel
• Soldier may request to delay scheduled hearing. PEB
President will respond to requests in writing and, when
request is denied, will include grounds for denial.
• Soldier has 10 days to appeal decision of Formal PEB
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Critical Legal Requirements in the Process –
PEBLO
• PEBLO “should” manage no more than 20 cases
simultaneously
• Under 14 Oct 2008 DTM, PEBLO Responsibilities include:
– Explain process of DES & VA Claims to Soldier and/or family member
or representative
– Explain statutory, DoD requirements, and respective Military
Department policies, to include process steps on dispute resolution
– Explain methodologies for decisions and ramifications of findings
– Explain and assist in processing requests for formal boards and
appeals and assist in referring Soldier to legal counsel, as appropriate
– Explain calculation of payment for severance & retirement pay or refer
to DFAS
– Refer Soldier to MSC to explain VA benefits and VA-specific appeal
process
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Critical Legal Requirements in the Process PEBLO
• PEBLO Responsibilities (continued):
– Refer Soldier to SSA for appropriate benefits
– Counsel Soldier on potential transition insurance and survivor
benefits and transition benefits or refer Soldier to appropriate
support agencies
– Construct DES case file and ensure MSC is aware of new case;
provide MSC with hard copy or electronic copy of file
– Obtain LOD when required by notifying Soldier’s chain of command
– Ensure Soldier is scheduled for all medical exams required for DES
case through “best source”
– Monitor completion of scheduled exams and resolve scheduling
issues to ensure completeness of DES case file
– Maintain program effectiveness data required by DoD issuances
– Act as conduit for info and DES decisions to Soldier’s parent
command and to the VA
– Provide Soldier or designated representative with MEB results,
NARSUM, IPEB findings, & LOD upon election of Formal board and
ensure medical records are available for review
41
Critical Legal Requirements in the Process –
Legal Counsel
• Army legal counsel will be available to Soldiers from initiation of MEB until
final appeal and discharge
• Army legal counsel will be trained and certified by the Office of The Judge
Advocate General IAW DoD and HQDA policies
• Army legal counsel will be available to consult in person or by telephone
• Waiver of right to counsel must be in writing
• Soldier may elect private attorney or Veteran’s organization representation,
but non-government representative shall be at no expense to government
• If Soldier elects non-government representative, Army legal counsel will
remain available for coordination, advice and consultation, but will not
participate in a representative capacity
• Soldier will consent for Army legal counsel to have access to all pertinent
medical records and any additional documentation requested by counsel
• Army legal counsel shall explain disability process to the Soldier and
counsel’s general duties during process
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Governing Law, Regs & Policies
 Title 10 U.S.C., Chapter 61 (Retirement or Separation for Physical Disability) (Secs.
1201–1222)
 Department of Defense Directive 1332.18 (Separation or Retirement for Physical
Disability, 11/4/96)
 DOD Instruction 1332.38 (Separation or Retirement for Physical Disability, 11/4/96)
 DOD Instruction 1332.39 (Application of the Veterans Administration Schedule for
Rating Disabilities, 11/14/96) - RESCINDED
 DTM (Directive Type Memoranda)
– 3 May 2007. Policy Guidance for the Disability Evaluation System and
Establishment of Recurring Directive-Type Memoranda
– 21 Nov 2007. Disability Evaluation System (DES) Pilot Program
– 19 Dec 2007. Standards for Determining Unfitness Due to Medical Impairment
(Deployability)
– 13 Mar 2008. Implementing Disability-Related Provisions of the National Defense
Authorization Act of 2008 (Pub L. 110-181)
– 14 Oct 2008, Policy on Implementing Disability-Related Provisions of the National
Defense Authorization Act of 2008 (Pub L. 110-181)
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Governing Law, Regs & Policies
 Army Regulation 40-501 (Standards of Medical
Fitness, 9/10/08)
 Army Regulation 40-400 (Patient Administration,
2/8/08)
 Army Regulation 635-40 (Physical Evaluation for
Retention, Retirement, or Separation, 2/8/06)
 Army Regulation 600-60 (Physical Performance
Evaluation System, 2/28/08)
 Veterans Administration Schedule for Rating
Disabilities (VASRD), 38 CFR Part 4
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Offices of Soldiers’ Counsel
• Walter Reed Army Medical Center (Big 3 OSC co-located w/PEB)
(202) 782-1550
– Landstuhl Regional Medical Center 1
DSN 314-486-6049 Comm: 011-49-6371-866049
– Bavaria, Germany Warrior Transition Unit 1
DSN: 476-3358 Comm: +49 (0)9662-83-3358
• Fort Lewis (Big 3 OSC co-located w/PEB)
(253) 968-4441/4442
– Tripler Army Medical Center 1
(719) 526-5572
– Fort Carson 1
(719) 526-5572
• Fort Sam Houston (Big 3 OSC co-located w/PEB)
(210) 221-9392 or (210) 295-0432
– Fort Hood 1
(254) 287-8887
Note 1: These Satellite OSCs only represent Soldiers in the WTUs on their
respective installations.
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