MEB/PEB Case Results

01/17/2019


A National Guard Infantryman was facing involuntary separation without compensation after an informal physical evaluation board found the soldier’s injury was not incurred in the line of duty. At a formal PEB held at JBSA-Ft. Sam Houston, San Antonio, TX., the panel found sufficient evidence for the soldier to receive a line of duty determination. The firm was committed to helping this soldier receive a second opportunity.

Washington Navy Yard, Washington, DC

Mr. Sheldon represented a Marine Sergeant facing removal from the Temporary Disability Retired List, facing the potential of losing all benefits for him and his family. At the Formal Physical Evaluation Board, Mr. Sheldon presented the report of a forensic expert in mental health, amongst other compelling evidence. During the hearing, the Board offered to stipulate to retire the Sergeant on the Permanent Disability Retired List without deliberation. After serving a tour in Afghanistan where he was injured twice, this Marine can now rest easy knowing his service will be honored for the remainder of his life.

Air Force Sergeant Facing Separation for Physical Disability – An Air Force Sergeant facing separation from the service for three separate unfitting conditions was to receive separation pay after serving honorably for almost 19 years of service. After a contested hearing at Randolph Air Force Base, Formal Physical Evaluation Board deemed the Airman fit for duty notwithstanding his disabilities and ordered that he be retained in the service.

At a contested hearing in Washington, DC, Mr. Sheldon’s represented a soldier who had previously only been rated for asthma by the Physical Evaluation Board. After evidence was presented and the Board deliberated, the soldier was rated at 70% with a combat designation for mental health conditions (PTSD) and placed on the Permanent Disability Retired List.

Mr. Sheldon successfully represented a Naval officer before the Navy Physical Evaluation Board. The officer initially was found “fit for duty.” The formal board found the officer disabled and placed him on the Temporary Disability Retired List at 40 percent. The officer will receive 50 percent of his base pay and allowances tax free.