Worldwide Representation from a Physical Evaluation Board Appeals Lawyer
We Appeal PEB Decisions to Get Disability Benefits for Disabled Soldiers
When a military service member suffers an injury, the Physical Evaluation Board (PEB) and Medical Evaluation Board (MEB) determine his or her disability rating. This rating affects the benefits the service member receives. At Patrick J. McLain, Judge Advocate and Attorney at Law, we are determined to help make sure the disability rating is fair and that our clients receive the full va benefits and military disability compensation they deserve. If you do not agree with the finding of the initial PEB or MEB regarding your disability rating, you can appeal their decision and I can help.
I have over a decade of experience as a PEB appeal lawyer.
You have the right to appeal a decision by the PEB. Contact our office in Dallas, Texas, at (214) 761-6550 now to learn how we can help you fight for the VA benefits you deserve.
You have a limited amount of time to reject the PEB’s decision. Do not hesitate to seek an appeal. I can help you appeal the PEB’s decision and your disability score.
When Is a Soldier Referred to a PEB?
A soldier is referred to a physical examination board if two physicians on the medical examination board deem him/her unable to perform the current duties required by their MOS because of injury, illness, or other medical conditions.
What Are the PEB’s Roles?
The PEB is responsible for evaluating soldiers referred to the informal board by the MEB and determining their ability to perform their current military roles (MOS). In addition, the PEB decides whether the soldier should receive military disability compensation, calculates their disability rating, whether they are fit to continue serving in the military, and if the medical condition or injury was combat related. If the soldier receives a 30% or greater disability rating they are placed on the Permanent Disability Retired List (PDRL) or the Temporary Disability Retirement List (TDRL).
How Can I Appeal a PEB Decision?
If you disagree with the disability score the PEB gave you, you can file an appeal with the Physical Disability Board of Review. If you were found fit to serve but feel the PEB was wrong and you should be eligible for disability benefits, you can submit a request to the Secretary in charge of your specific branch of the military. If the Secretary rejects your appeal or decides not to review the PEB’s finding regarding your medical condition and disability, you will need to file DD Form 149 requesting an appeal with the Board of Correction for Military Records (BCMJ) so that the PEB report can be changed.
What Happens if I Request a PEB Review from the Secretary?
The Secretary will choose whether they want to review your case or not, but they are not required to. The Secretary has the authority to review PEB decisions if you have new evidence supporting your case (such as an independent physical evaluation that contradict’s the PEB decision) or if there were technical or legal mistakes made by the PEB. You can also file a personal statement outlining how or why the PEB’s decision was wrong, but in most cases, this has no bearing on your actual appeal.
A Military Law Firm You Can Trust
Our firm represents disabled Soldiers, Sailors, Airmen, and Marines who did not receive the disability rating they deserved. As an independent representative, we have no other objective than to protect our clients’ interests to the fullest.
When you hire our military law firm, you receive representation from an experienced and well-qualified civilian military lawyer. Patrick J. McLain is a former marine who now works on behalf of service members worldwide. He represents clients who were never placed on the temporary disabled retirement list and should have been, as well as those whose disability ratings were reduced for unjustified reasons.
Aggressive PEB Appeal Lawyer
If you choose to appeal a PEB decision, Attorney McLain will aggressively represent your interests at the required PEB hearing. Under his leadership, our firm will build a strong case on your behalf, even flying you to Dallas when possible to receive an independent medical evaluation of your injuries. We understand how important it is to you and your family to receive full and fair benefits for your service-related disability.
Call us today at (214) 761-6550 or e-mail our law firm to schedule an initial consultation with our PEB lawyer. We are here when your future is worth fighting for.