Military Medical Discharge Attorney
Serving Military Personnel In Texas And Worldwide
When a service member on active duty or reserve is determined to be unfit to continue service, he or she is given a medical discharge. Unfortunately, some service members do not receive the medical benefits they believe they are entitled to. If you have been unfairly discharged, you need an attorney who is experienced with military law.
In addition to being an attorney, Jon Disrud is a lieutenant colonel in the U.S. Air Force Reserve. He was a judge advocate when he was on active duty. He represents service members from any branch of the service who need to challenge a military medical discharge. For a free initial consultation with our military medical discharge lawyers, please call 210-569-0581 or contact us online.
How A San Antonio Medical Retirement Lawyer Can Help
If you are being medically separated from the military, you can challenge the separation and seek a return to duty or full medical retirement. Attorney Jon Disrud can represent you at medical disability hearings before the physical evaluation board (PEB). He can help you appeal the PEB’s decision if its findings do not accurately reflect the cause or severity of your injuries.
Generally, service members should be entitled to medical benefits and retirement pay and benefits if they are:
- Injured in the line of duty while on active duty or on reserve
- Diagnosed with an illness while on active duty or on reserve that was not pre-existing to their military service
- Suffering from an aggravated pre-existing condition that the military knew about and waived
The Physical Evaluation Board Process
The PEB is a fact-finding body that investigates the nature, origin, degree of impairment, and probable permanence of the physical or mental defect or condition of any member whose case it evaluates.
The disability system provides for two PEBs: an informal PEB and a Formal PEB. The Formal PEB is located at JBSA-Lackland AFB, TX or JBSA-FSH. You do not attend the informal PEB.
After the informal PEB, you will be asked to sign an Air Force Form 1180 to tell the PEB if you agree with the findings or not. If you disagree with a finding of fit, you will need to write a justification for why you would like a formal PEB and submit that justification with the Air Force Form-1180. Formal PEBS for findings of fit for duty are not guaranteed. If you are found unfit, you do not need to provide justification for a formal PEB.
When you appear before a Formal PEB, you may present evidence, testimony and documents to support your case. It is critical that you adequately prepare your matter before appearing.
Without adequate representation, you may not receive the level of benefits and medical care you need. Please call The Law Offices of Jon R. Disrud at 210-569-0581 to schedule an appointment with our San Antonio medical retirement lawyers today.