Army Cuts Legal Support for Soldiers Facing Medical Separation

Soldiers going through the Army’s disability evaluation process are facing a major change. Due to significant staffing reductions, the Office of Soldiers’ Counsel, or OSC, has sharply limited the legal assistance it provides to service members facing medical separation or retirement (starting this July).

For many soldiers, this means figuring out a complicated and potentially life-changing process without ongoing assistance from an Army-provided attorney. They may have to represent themselves or retain a civilian lawyer at their own expense.

A May 27, 2026 Army memorandum explains that OSC experienced “dramatic cuts to its authorized positions” during the previous 12 months. The memo states that, beginning in May 2025, the office used a phased approach based on staffing levels to limit its services to those required by law. Now, in July 2026, we’re seeing the impact of those decisions. 

Which Soldiers Are Affected?

The reduction in legal services affects soldiers at several stages of the Army Disability Evaluation System.

According to the memo, OSC will no longer provide legal services to soldiers before they reach the informal Physical Evaluation Board stage, which means soldiers generally will not receive OSC assistance while going through the Medical Evaluation Board process.

The memo also ends OSC legal services for members of the Temporary Disability Retired List, including representation at formal hearings.

As of July 1, 2026, OSC also stopped providing legal services to many non-active-duty Army Reserve and Army National Guard soldiers. This group includes certain soldiers serving on active-duty orders lasting fewer than 30 days.

According to the memo, active-duty soldiers can still receive assistance after obtaining informal Physical Evaluation Board findings, but the assistance offered is restricted to a single legal consultation, and it’s fair to question how helpful that one consultation will really be.

The memo released explains that soldiers may retain private counsel, but any civilian attorney must be hired at the soldier’s own expense.

About the MEB and PEB Process

There are generally two stages that an Army disability case goes through.

The first stage is with the Medical Evaluation Board (MEB). During this stage, the soldier’s medical conditions, treatment history, duty limitations, and other records are assembled and reviewed. The primary question is whether the soldier continues to meet the Army’s medical retention standards.

The second stage is the Physical Evaluation Board (PEB). The PEB uses the medical and military records to determine whether the soldier is fit to continue serving.

When a soldier is found unfit, the PEB also determines which medical conditions make the soldier unable to perform their duties and what disability rating applies to those conditions.

These findings can have permanent financial and healthcare consequences.

Why the Disability Rating Matters

A soldier found unfit for continued service may be medically separated with severance pay or placed on the Permanent Disability Retired List.

Medical retirement can include monthly retired pay and continued TRICARE eligibility for the soldier and eligible dependents. Medical separation may instead result in a one-time severance payment without the same long-term retirement benefits.

The difference may hinge significantly on the disability percentage assigned during the military disability process.

That percentage is based on the evidence in the record. If medical conditions are missing, poorly documented, incorrectly described, or not identified as unfitting, the resulting decision may not accurately reflect the soldier’s situation.

This is why legal guidance can be so important during the MEB stage, before the record reaches the Physical Evaluation Board.

Soldiers Are Being Asked to Navigate an Unfamiliar System

The Army Disability Evaluation System is not designed to be common knowledge. Most soldiers have never been through an MEB or PEB and have no reason to understand the system until an injury or illness threatens their military career.

By that point, critical records may already need to be collected, statements may need to be submitted, and important deadlines may be approaching.

A soldier may also be dealing with:

• Pain from serious physical injuries
• Post-traumatic stress disorder
• Depression or anxiety that impacts sleep and decision-making abilities
• Financial uncertainty and stress
• Fear about losing a military career that was hard-earned
• Concerns about healthcare for loved ones

Expecting a soldier to master a complex disability process during one of the most difficult periods of their life places that soldier at a serious disadvantage.

A service member who accepts incomplete findings or waives important rights may receive a lower disability percentage than the evidence supports. That decision could affect retirement pay, severance benefits, healthcare coverage, and the benefits available to the soldier’s dependents.

The Military Disability Process Is Different From a VA Claim

An Army disability case and a VA disability claim are connected, but they are not the same process.

The Army focuses primarily on whether specific conditions make a soldier unfit to perform military duties. The VA may evaluate and rate all qualifying service-connected conditions, even when those conditions did not independently make the soldier unfit for service.

A soldier may therefore receive one rating through the Army and a different combined rating from the VA.

Veterans disability attorneys can help service members understand how decisions made during the military disability process may affect their separation, retirement, and future VA benefits.

Speak With a Veterans Disability Lawyer Before Accepting Your Findings

The reduction in OSC services does not eliminate a soldier’s right to question findings, submit evidence, seek reconsideration, or pursue available appeals. It does, however, mean that many soldiers may have to exercise those rights without continued assistance from an Army attorney.

Before accepting MEB or PEB findings, waiving a formal hearing, or agreeing to a disability percentage, service members should make sure they understand the long-term consequences.

Our veterans disability lawyers work with service members and veterans facing difficult decisions about their health, careers, and benefits. Our legal team knows how vulnerable soldiers can be during this process and how important it is to build a complete record before a decision becomes final. We do this every day – we know it’s critical to your overall well-being.

If you have received MEB or PEB paperwork, contact our office to discuss your findings and your available options.