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Challenging unfavorable Physical Evaluation Board findings

On Behalf of | Feb 15, 2024 | MILITARY LAW - Military Law

Successfully challenging the findings of a military Physical Evaluation Board (PEB) can ultimately serve as a make-or-break moment in a service member’s career, potentially affecting their medical benefits, retirement status and overall future. As such, when unfavorable findings need to be challenged, the opportunity to do so should not be approached lightly. 

The PEB process determines a service member’s fitness for continued military service due to medical conditions. If you are a servicemember and you believe that a PEB’s recent findings do not accurately reflect your medical condition and its impact on your ability to serve, there are specific strategies and steps you can take to challenge and appeal these decisions.

Taking action

The PEB evaluates the extent to which a service member’s ability to perform their duties is affected by their condition, classifying conditions as either “fit” or “unfit” for service. If found “unfit,” the board then assesses the disability rating, which affects the benefits and compensation the service member receives. Disagreements often arise regarding the “unfit” classification or the assigned disability rating.

To challenge PEB findings, begin by gathering comprehensive medical evidence. This includes obtaining detailed medical records, specialist evaluations and any other documentation that supports the true extent of your condition. The goal is to provide concrete medical evidence that either contests the PEB’s determination of unfitness or argues for a higher disability rating based on the severity of your condition.

Requesting a formal hearing is likely to be your next necessary step. During this hearing, you’ll have the opportunity to present your case in person before a panel. This is your chance to make a direct appeal, supported by your legal representation and medical evidence, to argue against the PEB’s findings. 

While the process can be daunting, taking these steps increases your chances of securing a more favorable outcome, better ensuring that your service and sacrifices are accurately recognized and compensated. As it may be difficult to successfully manage this process on your own, keep in mind that seeking legal guidance is always an option.