If you serve in the Army, Navy, Air Force, Marines or Coast Guard and have a physical or mental medical condition that makes it impossible or unsafe for you to perform your duties, you may be separated from the military for disability. The Secretary of each branch of the military has the authority to find a service member unfit for duty due to disability. Here's how the military's Disability Evaluation System (DES) determines if you are fit for continued duty or if you should be given a disability discharge or retirement.
When You Can Be Found Unfit for Duty and Denied Benefits After Separation From the Military
Whether you will be found unfit with or without benefits depends on how your injury your occurred, your disability rating, and your years of service.
How to Advocate for Yourself in the Military Disability Evaluation System (DES)
If you find yourself referred to the
What to Expect at a Physical Disability Evaluation Hearing for Military Separation or Retirement
After you have been referred to the Disability Evaluation System for your branch of the service to determine whether you are unfit for duty (and should be retired from the military), the first step of the process is for a Medical Evaluation Board (MEB) to determine if you meet threshold requirements
How to Appeal the Physical Evaluation Board For Military Separation or Retirement
After you have had a formal Physical Evaluation Board (PEB) hearing to decide if disability has made you unfit for duty (and eligible for separation or disability discharge), you can choose whether to accept or appeal the PEB decision about issues such as your fitness to serve, your disability rating, and the type of unfitness finding issued.
Military Disability Rating Upgrades From the Physical Disability Board of Review (PDBR)
If you are a veteran with a military rating lower than your VA disability rating, you can request an upgrade from PDBR.
VA Disability Compensation or Military Retirement Benefits: Which One to Choose?
The answer depends on how long you've been in service, your disability rating, and whether you can restore your VA offset.
Nolo's book covers veterans benefits, including VA health care and service-connected disability compensation, as well as Social Security disability and Medicare and Medicaid rules.
Fill out this form to arrange a consultation with a disability lawyer in your area.