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Can an informal Physical Evaluation Board evaluation be appealed?

The answer to the headline question posed above is that, yes, an informal military Physical Evaluation Board (PEB) determination may be appealed by a servicemember who disagrees with findings that materially affect his or her military career.

That is very important to note for any military member who is being evaluated by the PEB, given the potentially -- and starkly adverse -- repercussions that can flow from a board decision.

Even some military members might not know what the PEB is or understand the critically important role it can play in a servicemember’s career. Following is a quick summary of the PEB.

It is necessary to note, initially, that military members whose job fitness is being questioned are referred to the Medical Evaluation Board, which might refer the member to the PEB for informal evaluation.

The stakes in a Physical Evaluation Board assessment can be high. An informal board evaluation might recommend that a servicemember is unfit for performing a stated job, and recommend military discharge. The PEB might also assign a disability rating that precludes a military member from receiving meaningful disability benefits or even medical care to treat an existing condition.

The MEB and PEB are far from infallible, and it is important for military members to know that, when a mistake is made in an informal evaluation, that decision can be appealed. Even an adverse formal PEB determination can be appealed to the military Correction Board.

A proven military defense lawyer can play an important role on appeal, ensuring that a servicemember’s rights are fully protected and that all material facts that support a positive outcome are fully presented.

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David P. Sheldon | International Military Law Attorney

For more information, or a free consultation, contact the Law Offices of David P. Sheldon, online or call us at 202-552-0018 or 877-314-1665 toll free.

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