Physical Evaluation Board Determinations

Evaluations by the Physical Evaluation Board can affect your career or benefits for life, and PEBs make mistakes. If you believe a determination by a PEB is wrong, David Sheldon can make your case for appealing the decision.

Mr. Sheldon represents service members who believe the PEB made an incorrect determination—whether it is a finding of fit/unfit for continued service, a decision on a service-connected/preexisting condition, or a disability rating.

From the point of referral to a Medical Evaluation Board (MEB) and continuing through the informal and formal PEB evaluations, Mr. Sheldon will work to see that you receive the determinations you deserve.

Military physicians often fail to do a full-body analysis, focusing their examinations too narrowly to accurately assess an injury. Mr. Sheldon will arrange an independent medical exam to obtain a complete analysis to rebut the MEB’s finding. In some cases, this information can mean the difference between a one-time financial settlement and full disability benefits for life.

Once the MEB is final, the case is referred to an informal “paper” hearing. A soldier, sailor, or airman can obtain a fair hearing at this level and at times avoid having to proceed to a formal PEB. This can be a critical stage for the member to have counsel.

If a formal “on the record” hearing is elected, Mr. Sheldon will present the case both in person and with a formal memorandum detailing why the military member should be rated under both the particular service’s regulations and the Veterans Administrations Ratings for Disabilities.

Once the decision is made at the formal PEB, the military member can elect to submit a Petition for Relief. If this is denied, the member can apply to the Correction Board as an appeal of last resort. The service member should take care to exhaust all of his or her remedies so that a clear and substantial record can be made. At each step, Mr. Sheldon will advise service members of the best tack to take in advancing the case.

Examples of David Sheldon’s Results:

• In September 2005, Army Soldier placed on Permanent Disability Retired List—soldier was to be given $6,000 in severance money after HUMVEE accident in Iraq.
• In August 2004, Naval Officer placed on Temporary Disability Retired List for back injury, based on whole body analysis.
• Army officer given 90% disability for injuries after finding of medical malpractice.
• Three Naval officers and two enlisted service members placed on the Temporary Disability Retired List due to mental health issues.