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Types of Cases MEB & PEB Lawyers for Active-Duty Service Members

Get legal help with an MEB or PEB. Our military disability lawyers represent active-duty service members facing medical separation, disability ratings, and retirement decisions.

If an injury, illness, or medical condition threatens your military career, the MEB and PEB process can have a major impact on your future. The outcome can determine whether you return to duty, are medically separated, qualify for disability retirement, keep certain healthcare benefits, and receive compensation for service-connected conditions. 

You don’t have to make those decisions without understanding your rights and options.

Our military disability attorneys represent active-duty service members going through the MEB and PEB process. We can help you understand what’s happening, evaluate the evidence under consideration, identify potential problems with your case, challenge unfavorable findings, and prepare for decisions that may determine your military and financial future.

If you have been referred to an MEB or received PEB findings, you have options. Contact us before accepting a decision or waiving your rights.

Army Soldiers Have Less Access to Government MEB and PEB Counsel

Getting independent legal guidance has become especially important for Army Soldiers.

In 2026, staffing reductions significantly changed the services available through the Army’s Office of Soldiers’ Counsel (OSC). The Army’s current OSC appointment system states that OSC cannot assist soldiers during the Medical Evaluation Board stage. Eligible active-duty soldiers generally don’t receive an OSC consultation until after receiving an informal PEB decision on DA Form 199. This creates a gap.

Many important parts of a disability case develop before the informal PEB issues its findings. Medical records are assembled. Conditions are evaluated against retention standards. Duty limitations are documented. A Narrative Summary may be prepared. Command information may become part of the record.

Problems that develop during this stage may become much harder to correct after the case has already reached the PEB. A civilian MEB and PEB attorney can assist with your case earlier, which can help you understand the process and ensure you’re ready before critical decisions are made.

What Is a Medical Evaluation Board?

The Medical Evaluation Board is generally the first major stage of the military disability evaluation process. An MEB is initiated when a service member has one or more medical conditions that may prevent them from meeting applicable medical retention standards.

The MEB examines information that may include:

  • Diagnosed medical conditions
  • Medical and treatment records
  • The Narrative Summary, or NARSUM
  • Permanent profiles and physical limitations
  • Mental health conditions
  • Medication and treatment history
  • Commander statements
  • The service member’s ability to perform assigned duties
  • Other evidence concerning the impact of the medical condition

The process examines whether your conditions allow you to continue to meet the medical requirements for military service. It goes beyond determining whether you have a medical diagnosis, which is why reviewing the record early can be so important.

We see it all the time: A diagnosis may be missing. A condition may be described inaccurately. Your medical limitations may not be fully reflected in the record. A commander’s statement may not accurately describe the accommodations you require or the duties you can no longer perform.

These details can become extremely important when your case moves to the PEB.

How an MEB Lawyer Can Help

You should not assume that everything contained in your MEB file is complete or that the system will automatically identify every issue that could affect your case. Depending on the circumstances, our veterans disability attorneys can help you:

  • Understand the MEB and Integrated Disability Evaluation System
  • Review your MEB paperwork and medical documentation
  • Review your Narrative Summary
  • Identify medical conditions that may not be adequately addressed
  • Evaluate how your conditions affect your ability to perform military duties
  • Review permanent profiles and duty restrictions
  • Evaluate commander statements and other military evidence
  • Determine whether additional medical evidence may be appropriate
  • Prepare or review an MEB rebuttal
  • Evaluate an Independent Medical Review
  • Prepare your case for the Physical Evaluation Board
  • Understand how decisions in the military disability process may interact with your VA disability claim

The earlier potential problems are identified, the more opportunity there may be to address them before the PEB makes its determination.

About the Physical Evaluation Board

If your case proceeds beyond the MEB, it may be referred to a Physical Evaluation Board. The PEB focuses on whether your medical conditions make you fit or unfit for continued military service.

If you are found unfit, the PEB also identifies the conditions considered unfitting and determines the disability percentage assigned to those conditions, and the decision can have significant consequences. Depending on your circumstances, the outcome could include:

  • Return to duty
  • Medical separation
  • Disability severance pay
  • Placement on the Temporary Disability Retired List
  • Permanent military disability retirement

It’s important to remember that this is different from the VA disability system. The VA may compensate you for multiple service-connected disabilities. The military disability system is primarily concerned with conditions that make you unable to reasonably perform the duties of your office, grade, rank, or rating.

As a result, your military disability percentage and your overall VA disability rating may be very different.

Your Military Disability Percentage Can Have Lifelong Consequences

For service members with fewer than 20 years of qualifying service, the difference between a disability rating below 30 percent and a rating of at least 30 percent can be particularly significant. DFAS states that, in qualifying cases, a rating of 30 percent or higher results in disability retirement, while a rating below 30 percent results in separation. Service members with 20 or more years of qualifying service are generally recommended for retirement regardless of the disability percentage.

Military disability retirement can carry benefits that medical separation does not, including military retired status and potential continuing benefits associated with that status.

That means the question isn’t simply, “What percentage did they give me?”

You also need to understand:

  • Which conditions were found unfitting?
  • Were all of your unfitting conditions included?
  • Is the medical evidence accurate and complete?
  • Does the evidence accurately document the severity of your conditions?
  • Were important duty limitations overlooked?
  • Did the PEB find you fit when your medical limitations indicate otherwise?
  • Should you accept the findings or challenge them?

Accepting a decision without understanding the consequences can affect benefits for years to come.

How a PEB Lawyer Can Help

Receiving an informal PEB decision does not necessarily mean your case is over. You may have important decisions to make about whether to accept the findings, challenge part of the decision, request additional review, or pursue a formal PEB hearing.

Our attorneys can help evaluate issues such as:

  • Fit versus unfit determinations for continued military service 
  • Conditions omitted from the list of unfitting disabilities
  • Disability percentages
  • Informal PEB findings
  • DA Form 199
  • Requests for reconsideration
  • Rebuttals and written challenges
  • Formal Physical Evaluation Board hearings
  • Evidence supporting additional unfitting conditions
  • Medical and military records
  • Preservation of issues for further review or appeal

The right strategy depends on your medical history, military duties, evidence, years of service, findings, and the stage of your case.

Don’t Wait Until the Formal PEB to Get Help

One of the most serious mistakes a service member can make is assuming that there will be plenty of time to fix the case later. The MEB creates much of the medical record that the PEB will eventually review.

If important medical conditions, functional limitations, duty restrictions, or supporting evidence are missing from that record, waiting until after receiving an unfavorable PEB decision may make the case more difficult to present.

Legal representation during the MEB process allows an attorney to evaluate the case while the record is still being developed. That can be especially valuable now that the Army’s Office of Soldiers’ Counsel has stopped providing MEB-stage assistance because of staffing limitations.

The MEB/PEB Process and Your VA Disability Claim Are Different

Service members going through the Integrated Disability Evaluation System are dealing with both military disability rules and VA disability issues. They are related, but they answer different questions.

The military generally evaluates whether particular medical conditions make you unfit to continue performing your military duties.

The VA evaluates qualifying service-connected disabilities and assigns disability ratings based on the severity of those conditions.

For example, you could have several conditions that receive VA disability ratings while only one or two are considered unfitting by the military. Understanding that distinction is important when reviewing an MEB or PEB findings, and your overall disability strategy.

Our veterans disability attorneys understand the VA system as well as the issues that can arise when an active-duty service member is preparing to transition out of the military.

When an MEB or PEB Attorney Can Help

You don’t need to wait until you receive an unfavorable decision. We recommend calling to speak with a veterans attorney if:

  • You have been referred to a Medical Evaluation Board
  • You recently entered the IDES process
  • You received your Narrative Summary
  • You believe an important condition was omitted from your MEB
  • Your medical records don’t accurately describe your limitations
  • You disagree with the MEB findings
  • You are considering an MEB rebuttal
  • You received a DA Form 199
  • You disagree with an informal PEB decision
  • You were found fit but believe your condition prevents you from performing your duties
  • You believe the PEB failed to identify all of your unfitting conditions
  • You disagree with your military disability percentage
  • You are unsure whether to request a formal PEB

It is important to remember that there are deadlines, and as is often the case with the government, these deadlines can be quick. It is important to speak with a lawyer early so you can work together to understand the record and determine what options may still be available.

Frequently Asked Questions About MEB and PEB Representation

Do I need a lawyer during the MEB process?

You are not required to hire a civilian lawyer simply because you have entered the MEB process, but the MEB stage is when much of the medical and military evidence that the PEB will later consider is assembled.

An attorney is an advocate on your side… trained in reviewing records, identifying potential problems, explaining your rights in a way you’ll understand, and overall helping you decide whether findings should be challenged before your case moves forward.

Since the changes in the summer of 2026, this guidance is even more important for Army soldiers since the OSC has declared they are unable to provide legal assistance during the MEB stage.

Answered by Yvette Bell, Esq., MEB lawyer.

Can I hire my own lawyer for a MEB or PEB?

Yes, you can hire your own lawyer for a MEB or PEB. Service members may retain private civilian counsel to assist with the military disability process. Private representation can also allow you to choose an attorney who focuses on military and veterans disability matters and who can become involved earlier in the process.

Answered by Yvette Bell, Esq., PEB lawyer.

What happens if I disagree with my informal PEB findings?

If you disagree with your PEB findings, don’t assume you have to accept the decision.

It’s possible that you could challenge findings, submit additional information, request reconsideration, or pursue a formal PEB. The decision isn’t necessarily final. Because response deadlines can be short, speak with an attorney as soon as possible after receiving your findings.

Answered by Yvette Bell, Esq., military service lawyer.

Is a military disability rating the same as my VA disability rating?

No, a military disability rating and a VA disability rating are different. The military mainly rates conditions that prevent you from doing your military job. The VA can also rate other service-connected conditions, such as sleep apnea, back pain, or migraines, even if they did not make you unfit for service. 

It’s therefore possible to receive different disability percentages through the military and VA systems.

Answered by Yvette Bell, Esq., veterans disability attorney.

Can an attorney represent me at a formal PEB?

Yes, civilian attorneys can represent eligible service members in formal PEB proceedings. They can review the evidence, prepare the case, help the service member get ready to testify, challenge disputed findings, and advocate for them at the hearing. 

Answered by Yvette Bell, Esq., VA disability lawyer.

Talk to an MEB and PEB Lawyer Before You Accept Your Findings

A Medical Evaluation Board or Physical Evaluation Board can mark the end of a military career that you spent years building. It can also determine whether you leave the military with severance pay, disability retirement, continuing healthcare eligibility, and other benefits that can affect you and your family long after your service ends.

Our veterans disability attorneys represent service members in MEBs, PEBs, military disability decisions, and overall veterans disability ratings. Facing the MEB process? Have you received MEB findings? Or have you received a DA Form 199? Maybe you are preparing for a Physical Evaluation Board? If any of these citations apply, we welcome you to contact our office to discuss your case.

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