Military Disability Law
Physical Evaluation Boards
The PEB determines your disability rating and whether you receive lifetime retirement benefits or a one-time severance check. You deserve experienced representation before the board.
What Is a Physical Evaluation Board?
A Physical Evaluation Board (PEB) is the military tribunal that makes the final determination on your disability rating and fitness for duty. After the Medical Evaluation Board (MEB) refers your case, the PEB reviews your records, evaluates your unfitting conditions under the VA Schedule for Rating Disabilities (VASRD), and issues a written determination that will define your financial future.
The stakes could not be higher. A combined disability rating of 30% or more — or 20 or more years of qualifying service — entitles you to disability retirement: a lifetime of monthly retirement pay, TRICARE healthcare coverage, commissary and exchange privileges, and other benefits. Below 30%, you receive only a one-time disability severance payment with no ongoing benefits. The difference can amount to hundreds of thousands of dollars over a lifetime.
Informal vs. Formal PEB
Informal PEB (IPEB)
The Informal PEB is a paper review conducted without your presence. The board reviews your MEB records and issues a written determination finding you either fit or unfit for duty. If found unfit, the IPEB assigns a disability rating and recommends either disability retirement or severance pay. You have the right to accept the IPEB findings or demand a Formal PEB — a decision that should never be made without legal counsel.
Formal PEB (FPEB)
The Formal PEB is an in-person hearing where you and your attorney appear before the board, present evidence, call witnesses, and make legal arguments on your behalf. This is your most powerful opportunity to challenge an unfavorable rating. The board issues a written determination after the hearing. An experienced attorney who knows the VASRD, the applicable regulations, and the arguments that succeed before PEB panels can make the critical difference.
Why Representation Matters at Your PEB
The Government Has Experienced Personnel — You Should Too
The PEB is not a neutral medical review. It is an administrative proceeding with significant financial consequences for the government. The military has experienced legal advisors and PEB members who understand the system. You deserve an advocate who knows it just as well.
Rating Errors Are Common and Costly
The PEB does not always apply the VASRD correctly. Conditions are understated, secondary conditions are overlooked, and the combined rating formula is misapplied. An experienced attorney catches these errors before they become permanent.
The NARSUM Is the Foundation — and It Can Be Wrong
The MEB Narrative Summary drives your entire case. If it understates your condition or omits ratable diagnoses, your rating will suffer. Attorney Gately reviews your NARSUM, identifies deficiencies, and helps you submit a rebuttal with supporting medical evidence.
You Only Get One Formal PEB Hearing
Once the Formal PEB issues its determination, your options narrow significantly. Appeals are complex, time-consuming, and harder to win than the original hearing. The time to fight for the right rating is at the Formal PEB — not after.
All Branches. Worldwide Representation.
John B. Gately represents service members from every branch of the U.S. Armed Forces — Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force — at PEB hearings conducted for clients worldwide.
How Attorney Gately Approaches Your PEB Case
Free Consultation
We review your MEB records, NARSUM, and IPEB determination (if issued) and give you an honest assessment of your case and your options.
Medical Record Review
We identify all conditions that should be rated, gather supporting medical evidence, and obtain independent medical opinions when needed.
NARSUM Review- IMR Requests, Rebuttals and Rebuttals to VA C&P Exams.
If your NARSUM understates your condition, we prepare detailed Impartial Medical Review Requests and Rebuttals with supporting documentation to correct the record before the PEB. If there are errors or omissions in your VA C&P Exam Reports, we will draft rebuttals to those reports and attach supporting evidence before uploading these rebuttals directly to your VA Case file.
Formal PEB Representation & VA One-time Reconsideration Requests
We appear with you at the Formal PEB hearing, present your case, cross-examine witnesses, and make the legal arguments most likely to succeed before the board. We also prepare VA One-time Reconsideration Requests for scenarios in which your service correctly identifies an unfitting condition, but the VA rates it too low.
Appeals (if necessary)
If the PEB issues an unfavorable determination, we advise you on appeal options and then represent you through the appeals process all the way through final agency action.
Free Branch-Specific IDES Guides
Download Attorney Gately's free 2026 guides for Army, Navy & Marine Corps, and Air Force & Space Force IDES cases — step-by-step strategies written specifically for your branch.
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Facing a PEB? Call Before You Decide Anything.
Whether you have just received an IPEB determination or are preparing for a Formal PEB hearing, the decisions you make in the next few days can affect your benefits for the rest of your life. Call for a free consultation before you sign anything.
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