Physical Evaluation Boards (PEBs)

After a Service Member is found to no longer meet retention standards by the Medical Evaluation Board, they will be referred to the Physical Evaluation Board.  The intent of the PEB is to separate Service Members from their branch of service who no longer fulfill the requirements of their MOS based on disease or injury. 

Fit or Unfit

During the evaluation a Service Member can augment his or her information before the PEB through the medical treatment facility commander.  The information may be from the unit commander, supervisor, or other persons who have knowledge regarding the effect the condition has on the service member’s ability to perform the duties of the office, grade, rank, or rating.  Thus, in simple terms, the PEB establishes fit, or unfit, by looking at the Service Members mental and physical capabilities and comparing them to their current duties.  Once a determination of fitness is determined, the PEB will apply the Veterans Administration Schedule for Rating Disabilities (VASRD) to a Service Member found to be unfit.  A recommendation for the rating for the disability can then be made.

Once the medical treatment facility commander (MTF) determines that a Service Member will be processed for physical evaluation, the commander must decide on a number of actions with regards to the service member’s current assignment, to include possibly being assigned to the medical hold unit of the MTF or in-patient processing.

Receipt of Rating

In order to be considered officially considered disable and receive a rating, the injury or disease must have occurred while receiving basic pay.  Additionally, an enlisted Service Member may not be referred for, or continue, physical disability processing when action has been started under any regulatory provision that authorizes a characterization of service under other than honorable conditions.  However, a commander exercising general court-martial jurisdiction may abate the administrative separation under certain circumstances.  Likewise, if the investigation ends without charges, or the case goes to trial and the court-martial is unable to adjudicate the Service Member guilty, the Service Member can receive the benefits of a PEB.

Military Medical Retirement Pay

After the PEB has reviewed the situation, the members vote on a number of key issues affecting the Service Member’s future, to include: whether the soldier is fit or unfit considering their current MOS, whether the disability is permanent, and whether the disability is eligible to receive compensation.  This compensation directly influences the amount of military medical retirement pay.  Therefore, the decision directly affects receipt of disability benefits in the future.  Retaining an experienced attorney prior to starting the entire disability process is crucial, but becomes absolutely imperative when a Service Member receives the decision from the PEB.  An adverse decision by the PEB will affect the final amount of disability compensation a Service Member will be entitled to the rest of his or her life; an experienced attorney can ensure the Service Member receives the maximum amount of disability benefits entitled to the Service Member.