Military Disability FAQ | Gately Law Firm

Question 1

What does the Gately Law Firm do?

Accepted Answer

The Gately Law Firm is a military disability law firm that represents active-duty service members, veterans, and their families in the Military Disability Evaluation System (DES). Attorney John Gately provides legal representation at Medical Evaluation Boards (MEBs), Physical Evaluation Boards (PEBs), and related appeals — helping clients fight for the disability ratings and benefits they have earned.

Question 2

Who does the Gately Law Firm represent?

Accepted Answer

The firm represents active-duty service members from all branches of the U.S. military — Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard — who are going through the Military Disability Evaluation System. The firm also assists veterans pursuing appeals through the Board for Correction of Military Records (BCMR/BCNR) and related administrative remedies.

Question 3

How do I get started?

Accepted Answer

Contact the Gately Law Firm to request a free consultation. During the consultation, Attorney Gately will review your situation, explain your rights and options, and outline how the firm can help. There is no obligation, and early legal involvement typically produces better outcomes.

Question 4

How much does it cost to hire the Gately Law Firm?

Accepted Answer

The firm offers a free initial consultation. Fee arrangements are discussed during the consultation and depend on the nature and complexity of your case. The firm is transparent about fees before any engagement begins.

Question 5

What is a Medical Evaluation Board (MEB)?

Accepted Answer

A Medical Evaluation Board (MEB) is the first step in the Military Disability Evaluation System. It is convened when a service member has a medical condition that may prevent them from meeting the retention standards of their branch. The MEB reviews medical records and determines whether the service member meets those standards. If the MEB finds that the service member does not meet retention standards, the case is referred to a Physical Evaluation Board (PEB).

Question 6

Can I challenge the MEB findings?

Accepted Answer

Yes. You have the right to submit a written rebuttal to the MEB findings. A rebuttal allows you to challenge inaccurate medical conclusions, request that additional conditions be considered, and present evidence supporting a different outcome. Attorney Gately can help you prepare a thorough and persuasive MEB rebuttal.

Question 7

What is a NARSUM and why does it matter?

Accepted Answer

A Narrative Summary (NARSUM) is the primary medical document prepared by the military physician during the MEB process. It summarizes your medical history, diagnoses, and functional limitations. The NARSUM is one of the most important documents in your case — it directly influences the PEB's findings. Errors or omissions in the NARSUM can result in an unfair outcome. Reviewing and, if necessary, challenging the NARSUM is a critical part of effective MEB representation.

Question 8

What is a Physical Evaluation Board (PEB)?

Accepted Answer

A Physical Evaluation Board (PEB) is the military body that determines whether a service member is fit for duty and, if not, what disability benefits they are entitled to receive. The PEB reviews the MEB findings and assigns disability ratings. There are two types of PEBs: the Informal PEB (IPEB), which makes a written determination without a hearing, and the Formal PEB (FPEB), which involves an in-person hearing where you can present evidence and testimony.

Question 9

What is the difference between a 0%, 10%, 20%, and 30%+ disability rating?

Accepted Answer

The disability rating assigned by the PEB has significant financial consequences. A rating of 0% or 10% typically results in separation with severance pay (if you have fewer than 20 years of service). A rating of 20% also results in separation with severance pay. A rating of 30% or higher qualifies you for permanent disability retirement, which includes monthly retirement pay, access to TRICARE, and other long-term benefits. The difference between a 20% and 30% rating can mean tens of thousands of dollars in lifetime benefits.

Question 10

What is the Integrated Disability Evaluation System (IDES)?

Accepted Answer

The Integrated Disability Evaluation System (IDES) is a joint DoD-VA process that combines the military disability evaluation with the VA disability claims process. Under IDES, the VA conducts Compensation and Pension (C&P) examinations and proposes disability ratings that the PEB uses in its determination. IDES is designed to streamline the process, but it can still produce inaccurate ratings — legal representation remains important.

Question 11

Do I need an attorney for my PEB?

Accepted Answer

You are not required to have an attorney, but having one significantly improves your chances of a fair outcome. The Military Disability Evaluation System is complex, and the stakes — your disability rating, retirement eligibility, and lifetime benefits — are high. Attorney Gately has extensive experience representing service members at every stage of the MEB/PEB process and can help you avoid common mistakes that lead to unfair outcomes.

Question 12

What is a Formal PEB hearing?

Accepted Answer

A Formal PEB (FPEB) hearing is an in-person proceeding where you can present evidence, call witnesses, and challenge the military's findings before a panel of officers. You have the right to be represented by a military attorney (at no cost) or a civilian attorney of your choice. The Formal PEB is your best opportunity to contest an unfavorable Informal PEB determination before the case is finalized.

Question 13

What is a fit-for-duty finding and can it be challenged?

Accepted Answer

A fit-for-duty finding means the PEB has determined that your medical condition does not prevent you from performing your military duties. If you believe this finding is incorrect — because your condition does affect your ability to serve — you can challenge it by demanding a Formal PEB hearing or, in some cases, by submitting additional medical evidence. Attorney Gately can help you evaluate whether a fit-for-duty finding is legally and medically supportable and advise you on the best path forward.

Question 14

What can I do if I disagree with my PEB findings?

Accepted Answer

If you disagree with your Informal PEB (IPEB) findings, you have several options. First, you can submit a written rebuttal to the IPEB within the time allowed by your branch. Second, you can demand a Formal PEB (FPEB) hearing, where you appear in person with legal representation to challenge the findings. If you disagree with the Formal PEB outcome, you can appeal to the Physical Disability Board of Review (PDBR) or your branch's Board for Correction of Military Records (BCMR/BCNR). Each step has strict deadlines — consulting an attorney as early as possible is critical.

Question 15

What is the Physical Disability Board of Review (PDBR)?

Accepted Answer

The Physical Disability Board of Review (PDBR) is a special DoD board that reviews disability ratings assigned between September 11, 2001 and December 31, 2009 to determine whether veterans received accurate ratings. If you were separated or retired during that period with a combined disability rating below 30%, you may be eligible for a PDBR review at no cost. A successful PDBR review can result in an upgraded rating and retroactive benefits.

Question 16

What is a Board for Correction of Military Records (BCMR)?

Accepted Answer

A Board for Correction of Military Records (BCMR) — or BCNR for the Navy and Marine Corps — is an administrative body that can correct errors or injustices in a service member's military records, including disability ratings and separation characterizations. A BCMR petition is typically filed after other administrative remedies have been exhausted. You must demonstrate that an error or injustice occurred. BCMR petitions are complex and benefit greatly from experienced legal representation, as the board reviews written submissions rather than holding in-person hearings.

Question 17

What is the TDRL re-evaluation process and what are my rights?

Accepted Answer

Service members placed on the Temporary Disability Retired List (TDRL) are periodically re-evaluated — typically every 18 months — to assess whether their condition has stabilized, improved, or worsened. At the conclusion of the TDRL period (up to 5 years, or 3 years for conditions rated at 30% or less after January 1, 2017), the military makes a final determination: permanent disability retirement, separation with severance pay, or return to duty. You have the right to legal representation during TDRL re-evaluations. If your condition has worsened or remains severe, an attorney can help ensure your permanent rating reflects the true extent of your disability.

Question 18

What is Combat-Related Special Compensation (CRSC)?

Accepted Answer

Combat-Related Special Compensation (CRSC) is a tax-free monthly benefit paid to military retirees whose disabilities are directly related to combat or combat-related training. CRSC allows eligible retirees to receive both their full military retirement pay and VA disability compensation — partially or fully restoring the offset that normally applies under the Concurrent Retirement and Disability Pay (CRDP) rules. Applying for CRSC requires demonstrating a direct link between your disability and a qualifying combat-related event.

Question 19

What is the difference between CRSC and CRDP?

Accepted Answer

Both CRSC and CRDP allow military retirees to receive VA disability compensation in addition to retirement pay, but they work differently. CRDP is automatic for retirees with a combined VA rating of 50% or higher and is taxable. CRSC requires an application and is limited to combat-related disabilities, but it is tax-free and may result in a higher combined payment for eligible retirees. An attorney can help you evaluate which benefit is more advantageous for your specific situation.

Question 20

What is disability severance pay and how is it calculated?

Accepted Answer

Disability severance pay is a one-time lump-sum payment made to service members who are separated (rather than retired) due to a disability. It is calculated based on years of service and the base pay rate. Disability severance pay is generally taxable, though combat-related severance pay may be tax-exempt. Accepting severance pay affects your eligibility for VA disability compensation — the VA will offset payments until the severance amount is recouped. Understanding these interactions is important before accepting a separation package.

Question 21

When should I contact an attorney?

Accepted Answer

The earlier, the better. Ideally, you should consult an attorney as soon as you learn that you are being referred to the MEB/PEB process — before the NARSUM is finalized, before you respond to any findings, and well before any deadlines pass. Early involvement gives Attorney Gately the most opportunity to shape the record in your favor. However, it is never too late to seek representation, even if you are already at the Formal PEB stage or considering an appeal.

Question 22

Does the Gately Law Firm handle cases nationwide?

Accepted Answer

Yes. The Gately Law Firm represents service members at military installations across the United States and internationally. Military disability proceedings are governed by federal law and DoD regulations, not state law, so the firm can represent clients regardless of where they are stationed.

Question 23

What should I bring to my consultation?

Accepted Answer

Bring any documents you have received related to your MEB or PEB, including the NARSUM, MEB findings, IPEB findings, any correspondence from the Physical Evaluation Board Liaison Officer (PEBLO), and your most recent VA rating decision if applicable. If you do not have these documents yet, that is fine — Attorney Gately can explain the process and your rights based on where you are in the evaluation.

Military Disability Law: Your Questions Answered

General Questions

Medical Evaluation Board (MEB)

Physical Evaluation Board (PEB)

Disability Benefits

Working With the Gately Law Firm

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