Physical Evaluation Boards (PEBs) and the Disability Evaluation System (DES)

Each military branch—Air Force, Army, Coast Guard, Marines, and Navy—has its own physical evaluation board (PEB) that helps decide whether a servicemember is unfit for duty. PEBs are part of a joint process used by the Department of Defense and Department of Veterans Affairs called the Integrated Disability Evaluation System (also known as "IDES" or just "DES").

Active duty members who've become wounded, ill, or impaired may be referred into the DES by their branch of service. The first step of this process is for a Medical Evaluation Board ("Med Board") to determine whether you meet threshold retention standards for continued service. If not, the next step is to have an assessment by a PEB. Because the PEB has the authority to recommend discharge as well as your disability percentage rating, it's important to know what to expect so you can prepare for a PEB review (and possible hearing).

How Does the Med Board Process Work?

Before a PEB can assess your fitness for duty, the Med Board must first review your medical records and make an initial recommendation about whether you're still fit for service. You won't have the chance to speak with anyone on the Med Board, so it's in your best interest to make sure they have a complete medical record showing that you're fit (or unfit) for duty—whichever is your desired outcome.

If the Med Board doesn't find anything keeping you from reasonably performing the duties required of your military grade and occupation, the DES will end. Otherwise, your case will be referred to the PEB for your branch of service.

How Does the Physical Evaluation Board Work?

Once the Med Board has referred your case to the PEB, the first step is for the "informal" PEB to review your case file and make sure that it's complete. The PEB may find that medical evidence is missing, in which case it will send you back to a military physician for further evaluation or testing. But if the informal PEB has sufficient medical evidence to make a determination, it will decide whether you should be found unfit for duty or returned to service.

You won't have the opportunity for a hearing during the informal PEB—decisions are issued based solely on your record. However, if you disagree with the informal PEB decision, you can request a formal hearing where you'll have the chance to ask questions, provide new evidence, and present witnesses. (If you accept the decision, your case will be forwarded through personnel channels and up to the Secretary of your branch for final approval.) You can also submit a written statement about why you disagree with the informal PEB decision.

Occasionally, the informal PEB may reconsider its findings before the hearing—particularly when you submit new medical evidence that wasn't already in your file— and issue a new decision on your case. But if not, you can proceed to the formal PEB hearing.

What Happens at Formal PEB Hearings

The formal PEB hearing is your opportunity to argue why you should get a higher disability rating or be found fit (or unfit) for continued service. While you have the right to a free military lawyer for your formal PEB hearing, you can also hire a private attorney or get help from a veterans service officer. You don't have to appear in person, but it's a smart idea. If you don't show up, then the formal PEB will review the same case file that the informal PEB evaluated—and may reach the same conclusion. For this reason, it's also a good idea to testify at your formal hearing.

The actual procedures of PEB hearings vary between the military branches, but usually start with your introduction to the board. Your representative might then give a short opening statement about the decision you would like to see and the evidence that will be presented to support it. After that, the representative presents the evidence to the board, and you have the chance to testify. You can also have other witnesses present to testify on your behalf.

How to Conduct Yourself at the Hearing

When you testify, your attorney will ask you questions, and the PEB members may ask you questions as well. Be very courteous to members of the PEB. It's understandable to feel nervous or upset, as if the PEB doesn't really have your best interests at heart—but venting this frustration at the hearing will be counterproductive. Instead, make a good impression by addressing board members by their title, or as sir or ma'am. That way, you'll be seen as respectful and the board members will have an easier time relying on your testimony.

During the hearing, you'll be asked about your disabling condition, your military occupation, how your condition limits your ability to perform your occupation, and your history of your treatment for your condition. It's perfectly fine to say "I don't know," if you aren't sure about the answer to a question.

Discussing Your Post-Service Plans

Very often at a formal PEB hearing, the board members will ask you about your plans if you receive a disability separation. If you want to be released from service on account of a disabling condition, don't mention any specific plans that are inconsistent with your stated physical or mental disability. You won't want to tell the board you'd like to be a firefighter if you've complained of a severe knee injury, or talk about your plans to go into the roofing business.

It's also advisable not to mention that you plan to go to a school you just got accepted to, as this can cause the board to distrust your motives and think you are seeking separation for reasons outside of being disabled. You could say that you would like to go back to school eventually, but if the PEB asks you directly whether you've already been accepted to a school, you must answer truthfully.

After questioning has finished, you and your representative will have an opportunity to make a statement about your case, and the hearing will then be concluded. Keep in mind that the PEB won't tell you their decision right away.

Advocating for Yourself in the DES

Depending on their circumstances, servicemembers who've been referred by their branch into DES may feel hopeful, worried, or unsure about their future. For example, if you've been having difficulty with your duties as a result of post-traumatic stress disorder, you may feel relieved and welcome an administrative separation. But if you want to advance your military career or are concerned about getting paid enough in disability compensation to make ends meet, you may feel alarmed. You may even feel ambivalent and unsure of what you want the outcome to be.

Before you become entrenched in the DES process, it's important to engage in some self-reflection and assess what you'd ultimately like to get out of the disability evaluation system. Then you can start gathering and submitting medical evidence to support your desired result.

You Want to Continue to Serve or Are Close to 20 Years of Service

Because medical retirement pay is less than standard military retirement pay and (in some cases) medical retirement can lead to a loss of VA benefits, it's typically in your best interest to reach 20 years of service before being medically retired.

If you want to be found fit to serve so you can get to 20 years before being retired, you'll have to provide evidence showing that you can still perform your duties. Get copies of your performance evaluations, statements from your supervisor or commander, and records of any awards you've received. Submit them to the PEB along with any other documentation showing that any limitations you may have as a result of your medical condition don't substantially impede your ability to serve.

You Want a Disability Discharge or Medical Retirement

If you're pleased that you've been referred to the DES and you would like to leave the service, then you'll want to get statements from your supervisors about how your disability significantly impedes your ability to perform your duties—as well as copies of any performance evaluations that document your inability to perform adequately.

The type of evidence you'll need to provide will vary depending on your type of disabling condition. Servicemembers with mental health impairments such as depression or military sexual trauma should submit records from counselors, therapists, or psychologists documenting how severely their symptoms interfere with their daily routine. Those with physical impairments like Gulf War Syndrome, respiratory or skin disorders (perhaps resulting from Agent Orange exposure), and heart problems will want to document their limitations through physical examinations, objective medical imaging, and laboratory results.

You can start by looking up your medical conditions in the Schedule for Rating Disabilities, the manual the VA uses in order to determine your disability rating. Certain tests are required in order to qualify for some disability ratings. If you have a condition that requires a test you haven't had yet, ask your doctor to schedule the test for you.

You're Unsure What You Want

It's a wise move to take a step back and evaluate the outcome you would like from the DES process, as it may affect the lives of you and your family for years to come. You'll be in the best position to advocate for yourself if you're consistent in what you want. For instance, if you first decide you want to medically retire, but you later change your mind, you'll likely have less influence on how things end up. Decide as early in the process as you can what you would like the outcome to be, and submit any records that can help your case.

Talk to the Physical Evaluation Board Liaison Officer (PEBLO)

Take advantage of the availability of the Physical Evaluation Board Liaison Officer (PEBLO). Understand that PEBLOs aren't your personal advocates but can nonetheless provide you with helpful information about the Med Board, PEB, and the DES process in general.

The PEBLO has a responsibility to make contact with you after you've been referred into the DES and to educate you about the process. Your PEBLO will keep you informed of any findings and decisions that are made by the boards and answer any questions you have about the process. PEBLOs are an excellent source of information, provided that you don't forget that their job isn't to advocate on your behalf.

Getting Legal Help to Navigate the DES Process

While there's no requirement that you have a representative once you've been referred to DES, many servicemembers find that it saves them a lot of time and hassle to hire a lawyer who has experience dealing with military medical boards. Your attorney or representative can help you increase your disability rating (if your goal is to be medically released), pursue a lower rating to demonstrate that you're not disabled (if you want to remain in service), or appeal the PEB decision if you're unhappy with the outcome.