Military Disability Law FAQ | MEB, PEB & CRSC | Gately Law

Question 1

What is a Medical Evaluation Board (MEB)?

Accepted Answer

A Medical Evaluation Board (MEB) is the first step in the military disability evaluation process. When a service member has a medical condition that may prevent them from performing their military duties, the MEB reviews their medical records to determine whether the condition meets the standards for continued military service. If the MEB finds that the service member does not meet retention standards, the case is referred to a Physical Evaluation Board (PEB).

Question 2

What is a Physical Evaluation Board (PEB)?

Accepted Answer

A Physical Evaluation Board (PEB) is a formal military administrative board that determines whether a service member is fit or unfit for continued military service based on their medical condition(s). If found unfit, the PEB assigns a disability rating and determines the appropriate form of separation — either disability retirement (if the rating is 30% or higher, or the service member has 20+ years of service) or disability severance pay (if the rating is less than 30%).

Question 3

What is the difference between the Formal PEB and the Informal PEB?

Accepted Answer

The Informal PEB (IPEB) is a paper review — the board reviews your records without you being present and issues a written determination. If you disagree with the IPEB findings, you have the right to demand a Formal PEB (FPEB), which is an in-person hearing where you (and your attorney) can appear before the board, present evidence, and make arguments on your behalf. The Formal PEB is a critical opportunity to challenge an unfavorable rating, and having experienced legal representation at this stage can make a significant difference in the outcome.

Question 4

How long does the MEB/PEB process take?

Accepted Answer

The timeline varies depending on the branch of service and the complexity of your case, but the process typically takes several months from the initiation of the MEB to a final PEB determination. Under the Integrated Disability Evaluation System (IDES), the goal is to complete the process within 295 days. However, delays are common. Having an attorney who knows the system can help keep your case moving and ensure deadlines are met.

Question 5

Can I have an attorney represent me in the MEB/PEB process?

Accepted Answer

Yes. You have the right to retain a civilian attorney to represent you throughout the MEB/PEB process at your own expense. A knowledgeable military disability attorney can review your medical records, identify conditions that should be included in your evaluation, advise you on whether to accept or rebut findings, represent you at a Formal PEB hearing, and help you appeal an unfavorable decision. Given the long-term financial impact of your disability rating, having experienced legal representation is one of the most important investments you can make.

Question 6

How is my military disability rating determined?

Accepted Answer

The PEB assigns disability ratings using the VA Schedule for Rating Disabilities (VASRD). Each condition is rated on a percentage scale (0%, 10%, 20%, etc.) based on its severity and impact on your ability to work. If you have multiple conditions, the ratings are combined using a specific formula — not simply added together. The combined rating determines whether you receive disability retirement pay or disability severance pay, and at what level.

Question 7

What is the difference between disability retirement and disability severance pay?

Accepted Answer

Disability retirement provides ongoing monthly retirement pay for life (or until the condition improves), along with access to military healthcare (TRICARE), commissary and exchange privileges, and other retirement benefits. Disability severance pay is a one-time lump-sum payment with no ongoing benefits. To qualify for disability retirement, you generally need a combined disability rating of 30% or higher, or at least 20 years of qualifying service. The financial difference between these two outcomes can be enormous over a lifetime — which is why fighting for the correct rating matters.

Question 8

What is the Temporary Disability Retired List (TDRL)?

Accepted Answer

The Temporary Disability Retired List (TDRL) is used when a service member's disability is not yet stable enough to assign a permanent rating. Service members placed on the TDRL receive temporary disability retirement pay and benefits while their condition is monitored, typically for up to five years. During this period, the military will periodically re-evaluate your condition. At the end of the TDRL period, you will either be permanently retired, separated with severance pay, or returned to duty. It is important to have legal representation during TDRL re-evaluations to protect your permanent rating.

Question 9

Can I receive both military disability retirement pay and VA disability compensation?

Accepted Answer

Yes, in many cases. Under Concurrent Retirement and Disability Pay (CRDP) and Combat-Related Special Compensation (CRSC), eligible retirees can receive both military retirement pay and VA disability compensation without offset. The rules are complex and depend on your years of service, your disability rating, and whether your disabilities are combat-related. An experienced military disability attorney can help you understand which programs you qualify for and how to maximize your total compensation.

Question 10

What is Combat-Related Special Compensation (CRSC)?

Accepted Answer

Combat-Related Special Compensation (CRSC) is a monthly, tax-free benefit paid to eligible military retirees whose disabilities are directly linked to combat or combat-related activities. Unlike standard military retirement pay, CRSC is not offset by VA disability compensation — meaning qualifying retirees can receive both simultaneously. To qualify, you must be a military retiree with a VA disability rating of 10% or higher, and your disabilities must be certified as combat-related by your branch of service. CRSC can significantly increase your total monthly compensation compared to standard retirement pay alone.

Question 11

What is the difference between CRSC and CRDP?

Accepted Answer

Combat-Related Special Compensation (CRSC) and Concurrent Retirement and Disability Pay (CRDP) are both programs that allow military retirees to receive VA disability compensation without a dollar-for-dollar offset against retirement pay. The key differences are: CRSC is tax-free and requires your disabilities to be certified as combat-related; CRDP is taxable but does not require a combat nexus and is available automatically to retirees with a combined VA rating of 50% or higher. You cannot receive both at the same time — you must elect one. An experienced military disability attorney can help you calculate which option maximizes your total compensation.

Question 12

How do I apply for CRSC?

Accepted Answer

To apply for CRSC, you must submit an application directly to your branch of service — not to the VA. Each branch has its own application form and process. You will need to provide documentation linking your disabilities to combat or combat-related activities, including service records, VA rating decisions, and medical evidence. Applications are reviewed by a CRSC board within your branch. If denied, you have the right to appeal. The Gately Law Firm can help you build a strong CRSC application and appeal a denial.

Question 13

Can I receive CRSC if my VA rating is less than 50%?

Accepted Answer

Yes. Unlike CRDP, which requires a combined VA disability rating of 50% or higher, CRSC is available to military retirees with a VA rating as low as 10%, provided the disability is certified as combat-related. This makes CRSC an important option for retirees with lower ratings who have combat-related conditions. Even a single combat-related disability at 10% can qualify you for CRSC payments.

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. The Gately Law Firm has experience preparing PDBR submissions.

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

Do I need to be located in Virginia to work with your firm?

Accepted Answer

No. The Gately Law Firm represents current and former service members nationwide. The MEB/PEB process does not require your attorney to be physically present at your installation, so Jack Gately can provide the same high-quality representation to service members stationed anywhere in the United States or overseas. He has represented clients from all branches of the armed and uniformed services across the country since 1995.

Question 19

How much does it cost to hire a military disability attorney?

Accepted Answer

The Gately Law Firm offers a free initial consultation to discuss your case and explain your options. Attorney fees vary depending on the scope of representation and the complexity of your case. Jack will explain the fee structure clearly before you make any commitment — there are no surprises. Given the long-term financial impact of your disability rating, many service members find that the cost of legal representation is one of the best investments they can make in their future.

Question 20

When is the best time to hire a military disability attorney?

Accepted Answer

The earlier, the better. Ideally, you should consult with an attorney as soon as you learn that an MEB has been initiated. Early involvement allows your attorney to review your medical records, identify all ratable conditions, and ensure that the MEB narrative summary accurately reflects the severity of your conditions. However, it is never too late — The Gately Law Firm can assist at any stage of the process, including Formal PEB hearings, CRSC applications, BCMR petitions, and TDRL re-evaluations.

Question 21

Why Hire Jack Gately at the LIMDU or MEB Stage?

Accepted Answer

Hiring Jack Gately early — at the Limited Duty (LIMDU) or Medical Evaluation Board (MEB) stage — gives us the opportunity to work together to build a strong case for a medical retirement from the very beginning of the process. At this stage, the medical record is still being developed, the narrative summary has not yet been finalized, and there is still time to ensure that every ratable condition is properly documented and accurately described. Early involvement means we can identify issues before they become problems, shape the evidentiary record in your favor, and position your case for the best possible outcome at the PEB — rather than trying to correct mistakes after the fact.

Question 22

What branches of the military does The Gately Law Firm represent?

Accepted Answer

The Gately Law Firm represents service members and veterans from all branches of the U.S. Armed Forces and uniformed services, including the Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard. Jack Gately has deep experience with the unique disability evaluation procedures and regulations of each branch, including branch-specific PEB processes, IPEB/FPEB procedures, and service-specific CRSC application requirements.

Military Disability Law — Your Questions Answered

The MEB/PEB Process

Disability Ratings & Benefits

CRSC & CRDP — Concurrent Benefits

Appeals & Board Reviews

Working with The Gately Law Firm

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