Appealing the findings of a military Physical Evaluation Board

| May 28, 2021 | Military Law

A formal Physical Evaluation Board (PEB) hearing can have a huge impact on your military career and your future — and you may not be happy with the board’s verdict.

Whether it’s your fitness to serve that’s in question or your disability rating, you will lose your right to appeal if you don’t act quickly.

What can you do if you disagree with the PEB’s decision?

You have the right to appeal a disability rating or a decision that says you are no longer fit to serve with the Secretary of your branch of the military. On the flip side of the coin, you don’t automatically have any appeal rights if the PEB found you fit to serve and don’t believe this is correct. You can ask for a right to appeal that decision, though. 

What should you submit with your PEB appeal?

Appeals can and should include a variety of information that can help overcome the PEB’s decision, including:

  • New medical evidence, including copies of any mental or physical evaluations you have recently had that support your claim and information about new treatments that you have begun that could sway the PEB’s mind
  • Technical challenges, which focus on any legal mistakes the PEB may have made, such as failing to provide a legitimate medical reason for its decision or some other error
  • Letters from commanders or supervisors, especially if they have insight on how your condition does or does not affect your ability to serve
  • Your own personal statement, which can be used to fill in the gaps in any information or clarify something that you think that the PEB should consider

Any PEB hearing can be fraught with difficulty, and it’s always wisest to have experienced guidance and representation. You don’t want to try to handle the situation on your own when the stakes are high. Please continue reviewing our website to learn more about the PEB process and how we can help.