The Law Office of Bosley & Bratch provides representation to service members in Medical Evaluation Boards (MEB's) and Physical Evaluation Boards (PEB's), and Physical Disability Boards of Review (PDBR) for all branches of military service.
Overview of the Process
Medical Evaluation Boards: MEBs
A Medical Evaluation Board is a board that determines if a service member has a medical condition that significantly interferes with his/her ability to carry out their duties. The process is initiated when a Commander, Branch Department Headquarters or a Military Medical Treatment Facility believes that the service member's medical condition may prevent that service member from carrying out his or her duties. The service member is then referred for a Medical Evaluation. After receiving and reviewing the Medical Evaluation and medical evidence, the initiating Commander may then may make a referral to a Medical Evaluation Board (MEB). The MEB evaluates the evidence and makes a decision on whether the service member meets medical retention standards. It is important that the MEB packet contain sufficient medical evidence to support all disabilities for which the Soldier may qualify for benefits. A common mistake is failure to sufficiently describe disabilities considered unrelated to duty performance but for which VA benefits may be available. By hiring Bosley & Bratch, a Soldier will avoid mistakes like this in the system.
Physical Evaluation Boards: PEBs
If an MEB determines that the service member does not have the ability to perform his or her duties (ineligible for medical retention), the case is referred to an informal Physical Evaluation Board (PEB). The PEB will begin by reviewing the records and issuing the Soldier a decision about the Soldier's ability to perform the military occupational specialty assigned. This is the Informal Stage. If the Soldier agrees with the PEB, then the case ends. On the other hand, if the Soldier disagrees, then the Formal Stage begins. The Soldier has multiple legal options at this point. By hiring Bosley & Bratch, a Soldier will make well-advised decisions and avoid long-reaching errors.
If it is determined that a service member is unfit for duty, then discharge can be recommended with severance pay or disability retirement. The informal PEB will also assign a disability percentage. It is important that you get the highest rating that you are entitled to because this rating will determine the military benefits you and your family receive. It is also possible to have a hearing before the PEB to present evidence and arguments. Among other options, the Soldier may disagree with the PEB's disability rating. The PEB uses the VA diagnostic codes when arriving at its decisions. At Bosley & Bratch, we are very knowledgeable in properly using the diagnostic codes and achieving the maximum rating available for our clients. Under the relatively new Disability Evaluation System (DES) the VA is intended to independently evaluate the Soldier's disability rating in order that the PEB rating will match the VA rating once the Soldier is discharged. It is important that you get the highest rating that you are entitled to because this rating will determine the military benefits you and your family receive as well as heavily influence the VA benefits you and your family receive. The DES process is difficult to navigate correctly from the MEB through the Temporarily Disabled Retirement List to discharge. Navigating this is difficult, frustrating, and may have long-reaching consequences for VA benefits.
Physical Disability Board of Review: PDBRs
If you are not satisfied with the decision from the PEB you can ultimately appeal this decision to the Physical Disability Board of Review (PDBR).
What We Do
At Bosley & Bratch, we can help you locate and develop favorable evidence, prepare written arguments, and attend hearings if necessary. We can also assist with the evaluation and filing of an appeal if necessary.
Why You Need a Lawyer
Although you may be appointed a military lawyer, you have the right to private civilian counsel. A military lawyer, like most other military occupational specialties, is broadly trained to do a variety of things. Your military lawyer will most likely have served in a variety of different capacities including criminal law, claims, operational law, administrative law, contract law, and general legal assistance. Your counsel may have no more than a year or two doing MEB/PEB's. How are we different? First, at Bosley & Bratch you get a team of lawyers, not just one. You will be assigned one primary lawyer but you have the input of the entire firm. Second, we are experienced at these issues. In fact, two of our attorneys ( Ralph J. Bratch and Andrew R. Rutz) have served as Judge Advocates representing veterans in separation actions in conjunction with MEB/PEB's. Additionally, the military recently changed the PEB rating system to mirror the VA disability rating system. We have more than 16 years of experience with the VA system. Third, we are employed by you as opposed to a military lawyer who is employed by the government, not you.
Attorney Fees
MEB representation. The fee for representation before the Medical Evaluation Board is $1,500. The fee for an MEB is credited toward any subsequent fee for representation at a PEB.
PEB representation. The fee for representation before the Physical Evaluation Board is $4,500.
Physical Disability Board of Review representation. The fee for representation before the Physical Disability Board of Review is $4,500. There is a discount for prior representation at the MEB.
At Bosley & Bratch, we are here and ready to help obtain the discharge you deserve. For a free consultation, call us from anywhere at 1-866-974-0705 (toll free) or send us an e-mail.
As a convenience for the client, most major credit cards are accepted.
Disclaimer
Attorney fees are based on a written fee agreement. The fees above are representative examples of the customary fees charged only and are not intended as an offer or guarantee. The fee charged in your case is based upon the specific facts of your case and may be higher or lower.
