If you are currently enlisted and considering VA disability, you are probably going through the MEB (Medical Evaluation Board) to get a disability rating. That rating process is different than what you go through for VA disability, but the results can be related. We explain it all in detail below. If this article on the MEB and VA disability leaves you with more questions than answers, give us a call. We’re happy to help you figure out your eligibility.
In this article about the MEB process:
What is the MEB Process?
The Medical Evaluation Board (MEB) is a process made to determine if a service member’s long-term medical condition allows them to continue to meet medical retention standards, in compliance with military service regulations. It usually consists of two medical doctors, sometimes three if there is a mental health provider or a dentist needed. The main objective of the MEB is to determine what conditions are medically acceptable for VA benefits.
What is Considered Medically Acceptable by the MEB?
Traditionally, the MEB decides that conditions that do not meet the Standards of Medical Fitness are medically unacceptable for service members. That means you can’t stay enlisted or re-enlist if you don’t pass your MEB. It’s unusual for the Physical Evaluation Board (PEB) to rule a condition unfit if it is medically acceptable.
Sometimes, the PEB will rule a condition fit when it is medically unacceptable. This is because the PEB looks at exactly how the condition will affect your ability to do your specific job. If you have a medical problem that doesn’t hurt your work, the PEB can rule you as fit and move on. The MEB only looks at the Standards of Medical Fitness that are in place.
A condition that the MEB finds to be medically unacceptable can qualify for VA disability compensation when the condition was either aggravated by active duty service or began in active duty. MEB and PEB decisions can affect your VA disability rating. If your condition is found to be medically unacceptable and you are found unfit for duty, you could get a higher disability rating. If your condition is found to be medically acceptable and you are found fit for duty, the VA might not give you a high rating based on those factors. The VA explains in more details on the effects of MEB and PEB decisions on their website.
Here one of our VA disability lawyers goes over the questions Woods and Woods, The Veteran’s Firm, is often asked about veterans’ disability claims and appeals.
For example, if you are missing one of your thumbs and one of your index fingers, the MEB will always say that is medically unacceptable, but not necessarily unfitting by the PEB. However, if you are a gunner, the PEB could say that it’s unfitting because you would need those fingers to properly operate a gun. If you were a translator, the PEB would probably say you are fit for duty since you wouldn’t need to use those fingers for that job.
This process is better known as the “med board” across all branches of the U.S. Military. The MEB is an informal process, meaning it does not make any final decisions. The MEB solely provides information to the PEB, and it’s this board that makes the final decision.
The 3-Step MEB Process Takes About 100 days
The Army reported in 2017 that the MEB process would take about 100 days. This is going to vary, of course, from person to person with outliers on both sides of that average time. The process consists of 3 main segments as you are what most people refer to as “Med Boarded.”
1. An Injured Service Member Starts the Integrated Disability Evaluation System (IDES)
If you develop a condition that your physician believes will not resolve within a year, you are referred to the MEB and will enter the Integrated Disability Evaluation System (IDES). The IDES combines the processes of the Department of Defense Disability and VA Disability into one. You will begin the MEB process and get assigned a Department of Defense Physical Evaluation Board Liaison Officer (PEBLO).
Your PEBLO will work closely with your assigned counterpart from the VA, called the VA Military Services Coordinator (MSC). The MSC’s role is to make sure that any needed medical exams get scheduled, like a C&P exam, and to start your claim for VA disability compensation.
The first half of the IDES process is called the MEB process, and the second half is called the PEB process.
2. The MEB will submit a report to the PEB
Since the MEB will not make any final decisions, it will create a report from all of the information in your IDES case file and submit it to the PEB.
All of your test results and evaluations will be summarized in a Native Summary (NARSUM), written by your physician. The NARSUM explains in writing the history and severity of your conditions, as well as how it affects your ability to perform job duties.
Here is a breakdown of all the documents needed in your IDES case file:
Medical Evidence: | Non-medical Evidence: |
---|---|
– Lab results – Frequency and type of medications – NARSUM (native summary) – All referrals to doctors and sick call – Results of a physical exam done within the past six months – Treatment and history of the specific condition/injury/illness | – Line of duty (misconduct) allegations – Your Personal Impact Statement – The last two years of fitness reports or pros and cons – Non-medical evaluation from your unit commander – Personal Casualty Report (PCR) as applicable |
This is also when all medical records, including C&P exam results, and a letter from your commander is reviewed by the MEB. As a service member, you have the right to view these documents, so be sure to make copies of everything for your records.
3. The PEB will review the documentation and make the final decision.
After the MEB sorts through all the evidence and creates its report for the PEB, the PEB will thoroughly review it. It will take about 3 months for a decision regarding if the condition is deemed unfit for duty or not based on the job of the service member. After the waiting period, the PEB will make their decision. Then you can choose to appeal the decision to the VA if you are unhappy with it. Or you can request a disability rating consideration and may get separated from the military based on the decision. Once this whole process is finished, the PEB will utilize the IDES system to either allow you back into regular duty/training, or it will separate you from the military.
How To Prepare Your VA Disability Claim Before Your Discharge
If you are still enlisted and you know you will qualify for VA disability benefits after discharge, start gathering your paperwork now.
Types of ‘Unfit for Duty’ Rulings
The MEB decides medical acceptability for service. Only the PEB determines what conditions are unfit for duty based on each person. Unfit for duty means you are unable to perform the duties of your office, rank, or grade and can include being unable to fulfill job requirements, be deployed, meet physical fitness requirements, fulfill standard military requirements, or wear gear and equipment. This is not a definitive list; each branch has its unfit-for-duty regulations.
Unfit and Separation Without Benefits
This means you will be separated from the military without being entitled to any benefits; this is the least desirable outcome. The reasons you would get this outcome are if your injury:
- Was due to your intentional misconduct or willful negligence, or
- Occurred when you were not entitled to basic pay (such as AWOL)
If you had a pre-existing condition that worsened while you were entitled to basic pay, you could also be found unfit and be separated without benefits. For this to happen, the military has to find:
- The worsening of your condition wasn’t just due to natural progression, and
- It must be “more likely than not” that your condition predated your time in the service
Unfit and Separation with Severance Pay
One or more of your conditions must be unfitting and be rated by the PEB between 0 and 20 percent to be found unfit but eligible for severance pay. Your severance pay altogether will equal your years of service, up to no more than 19 years, multiplied by two and then multiplied by your base retired pay. Six months or more of service will be counted as one year.
Unfit and Placement on Permanent Disability Retirement List (PDRL)
If you have less than 20 years of service, to be permanently retired you must be found to have an unfit “stable” condition that’s rated at 30 percent or higher. A stable condition means it’s unlikely to change enough to get a revised rating. If you have 20 years or more of service, you are allowed to be permanently retired if you have any unfit condition rated at least 0 percent.
Unfit with placement on Temporary Disability Retirement List (TDRL)
If your disabilities are considered “unstable” and rated at least 30 percent and found to be unfit, you will be placed on the Temporary Disability Retirement List. An unstable condition is warranted when your condition will likely improve or worsen over the next five years, so a revised rating will be needed.
You will have periodic exams while on the TDRL to see if your condition has stabilized. If at some point your condition does stabilize, you will be referred back to the PEB for reevaluation. You can only be on the TDRL for three years. When those three years are over, you will be reevaluated and either be released with severance, released without benefits, or permanently retired.
If you are later found to be fit for duty and released back into the military, your time on the TDLR will not count towards your years of service for retirement pay purposes.
Here are some tips on your C&P exam from one of our VA disability lawyers.
What to Know After the MEB Process Begins
If your condition worsens after you have begun the MEB process, you will need to provide additional documentation to your PEBLO proving it worsened. This also applies if further medical evidence, like lab results, becomes available after the process begins. For example, if you have a knee injury that is currently being reviewed by the MEB, but you fall and it becomes worse, you need to report that to your PEBLO. Your PEBLO will pass along that information so that you can get the best rating for your condition.
How to Appeal a PEB Decision
If you disagree with the PEB decision, you can appeal to the Formal Physical Evaluation Board (FPEB). The FPEB will review all the evidence and the PEB’s original decision. If the FPEB disagrees with the original decision, it has the right to adjust that decision at any time in the process. Any changes the FPEB makes will override the PEB’s decision.
If the FPEB agrees with the original decision, a formal hearing will be scheduled and you will have the chance to present your evidence in person. If the FPEB still agrees with the original decision after the hearing, the decision stands. If you disagree with the FPEB’s decision, you can appeal to a higher level of authority. Each branch of the military has its Boards to appeal at this level.
You don’t have to use a Veteran’s compensation lawyer that is nearby. We can work with you over the phone and apply or appeal electronically.
Air Force Board for Correction of Military Records
The Air Force’s Personnel Center has directions for requesting and changing your military records. You can apply by mailing the DD Form 149 and VA Form 10-5345 to this address:
Air Force Board for Correction of Military Records
3351 Celmers Lane
Joint Base Andrews, MD 20762-6435
Army Physical Disability Review Board (APDRB)
If you were separated from the Army because of a medical disability within the past fifteen years, and the PEB’s rating decision did not allow you to receive any compensation, you can apply to this Board. To apply, you must write a letter that includes the following:
- Your contact information
- Your rank
- Your full name
- Your social security number (SSN)
- The contact information of your legal representative (if you choose to have one)
- The contact information of any witnesses you would like to testify on your behalf (this is not necessary if you have the right medical record evidence)
- All the reasons why you think you deserve a higher disability rating for your condition.
You will need to include a copy of your Certificate of Release or Discharge from Active Duty, which is DD Form 214. You will need to mail this to:
Army Review Boards Agency
251 18th Street South, Suite 385
Arlington, VA 22202-3531
Army Disability Rating Review Board (ADRRB)
If you were officially separated from the military within the last five years and you were given a disability rating of 10 percent or higher, you can apply to this Board. To apply, you will need to write a letter including:
- Your contact information
- Your rank
- Your full name
- Your social security number (SSN)
- All of the reasons why you think you deserve a higher rating
Mail this letter to the same address listed for the APDRB above.
Army Board for Correction of Military Records (ABCMR)
If none of the other Army Boards have been able to fix your rating decision, or there is a blatant mistake in your military records, or if you are unable to apply to the other Boards, then you should apply to the ABCMR. This Board is the highest authority when it comes to all Army disability decisions, and it has the last say on your Army disability. Make sure you prepare your case carefully before applying to this Board.
To apply to the ABCMR, mail DD Form 149 to the address listed on the form; it’s the same one for the other two Army Boards. They will only review your case if they can see that you have tried all other options first, so make sure to include copies of all correspondence with any Boards regarding your case. You can also find more information about the different Army Boards here.
Board for Correction of Military Records of the Coast Guard
This Board serves the Coast Guard. You can apply by mailing DD Form 149 to this address:
DHS Office of the General Counsel
Board for Correction of Military
Records, Stop 0485
2707 Martin Luther King Jr. Ave. S.E.
Washington, DC 20528-0485
Board for Correction of Naval Records
If you were in the Navy or Marines, you’ll have to work through the Board for Correction of Naval Records. To apply, mail DD Form 149 to this address:
Board for Correction of Naval Records
701 S. Courthouse Rd, Suite 1001
Arlington, VA 22204-2490
The Navy has a three-year limit for applying, so if you were separated more than three years ago, they may not review your case.
How MEB Records Can Help with VA Claims
MEB records can greatly increase the chances of getting VA disability. A condition ruled medically unacceptable for service by the MEB will most likely support winning VA disability compensation. Even though we cannot help you appeal a PEB decision, we can help you file an initial VA disability claim during your time in the IDES. We will not charge you a fee unless we win your VA disability claim case.
At Woods and Woods, the Veteran’s Firm, we’ve helped thousands of veterans with their VA disability applications and appeals. We’ve been adding staff and lawyers during the Covid pandemic to serve disabled veterans better in difficult times.
Call us today to discuss your VA disability appeal or your first application. The call is free and we won’t charge you a single fee until we win your case. We even pay for the postage for all of the documentation you send to our office. You can look for a VA disability attorney near you or call us and join the thousands of veterans living off of VA disability thanks to Woods and Woods.
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The MEB comes first. The Medical Evaluation Board makes a temporary ruling on your health. They submit a report to the Physical Evaluation Board (PEB) that makes the final ruling. If you don’t like that ruling and you want to appeal it, you talk to the FPEB: Formal Physical Evaluation Board. The FPEB is not the highest ruling Board. Each branch of the service has its own higher levels of review beyond the FPEB.
There is very little ‘automatic’ when it comes to VA disability. The med board may begin your VA disability process for you but they might only do it for the condition they review. They will not likely look into a VA rating for all of your possible conditions. Pay attention to all of your medical reports and your C-File to make sure you get all that you are entitled to.