Understanding Your Rights During Military Disability Processing

Military personnel facing a medical disability may be entitled to either medical retirement pay or separation with severance. However, the choice between the two can have significant long-term financial implications, as the severance payment may be recouped from future VA disability payments. To navigate this complex process, it is essential to understand the roles of the Physical Evaluation Board (PEB), the Informal Physical Evaluation Board (IPEB), and the Formal Physical Evaluation Board (FPEB), as well as the processes for assigning a disability percentage and determining eligibility for medical retirement.

Key Takeaways:

• To qualify for medical disability retirement, a service member must have an injury, condition, or disease that was incurred or aggravated in the line of duty, and was determined to render them unfit for duty by a Medical Evaluation Board (MEB).
• The PEB will assign a disability percentage, which will determine whether the service member qualifies for retirement or separation, with a rating of 30% or higher required for retirement for those with less than 20 years of service.
• Service members with 20 or more years of service are entitled to retirement regardless of their disability rating.
• If a service member's disability existed before entering the armed forces, they will be recommended for discharge without benefits.
• The VA will determine the assigned rating for unfitting conditions, and if the rating is 30% or more, the service member will be medically retired and entitled to a pension and other benefits.
• If the rating is less than 30%, the service member will be medically separated with severance, which may be recouped from future VA disability payments.
• Service members can request a Formal PEB (FPEB) if they disagree with the IPEB's findings, and should consider retaining a lawyer to assist with the process.

Statistics:

• 215,000 veterans receive medical retirement or separation benefits through the VA (a source not provided).
• The VA's disability rating system is used to determine the level of disability for service-connected conditions, with a maximum rating of 100% (VHA Website).
• Service members with 20 or more years of service are entitled to retirement regardless of their disability rating (US Army Regulation 635-40, Medical Evaluation Board Procedures).
• The severance payment can be recouped from future VA disability payments if the service member receives medical separation rather than retirement (a source not provided).

Sources:

• US Department of Veterans Affairs, VHA Website, Title 38, Code of Federal Regulations, Chapter 14
• US Army Regulation 635-40, Medical Evaluation Board Procedures
• US Department of Veterans Affairs, VHA Website, Disability Rating System
• Tully Rinckey, 1203 Troy-Schenectady Road, Suite 101, Latham, Albany NY 12110 UNITED STATES, URL: www.tullylegal.com