Soldiers who are referred to the Department of the Army's Physical Disability Evaluation System (PDES) may have many questions. This handbook is designed to answer a few of those questions.
Overview of the Department of the Army's PDES
The Secretary of the Army is charged with assuring the fitness of Soldiers, and separating or retiring those who become unfit to continue military service because of physical disability.
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The law provides benefits for eligible Soldiers whose military service is cut short due to a service-related disability incurred in the line of duty.
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The PDES is used to determine the fitness and applicable disability benefits of Soldiers with duty-related impairments.
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For Soldiers referred under the duty-related process, the PDES is comprised of the Medical Evaluation Board (MEB) and the Physical Evaluation Board (PEB). [Flip to “Referral to PEB” for information on the Reserve component (RC) nonduty-related process.]
The Army's first priority for Soldiers suffering from an illness or injury is to ensure delivery of the highest quality and proper medical attention. If the medical conditions improve to the point that Soldiers are able to return to full military duty, they are returned to their units.
However, if the treating physician believes that a Soldier is unable to perform full military duty or is unlikely to be able to do so within a reasonable period of time (normally 12 months), the Soldier is referred to a MEB at the Medical Treatment Facility (MTF) where treatment is being provided.
Medical Evaluation Board (MEB)
The MEB is an informal process comprised of at least two physicians who compile, assess, and evaluate the medical history of a Soldier and determine if the Soldier meets, or will meet, retention standards.
If the Soldier meets retention standards, the Soldier is returned to duty in their respective or current Military Occupational Specialty (MOS).
Physical Evaluation Board (PEB)
If the Soldier does not meet retention standards, the case will be referred to a PEB for further disposition and determination of fitness. (The MEB determines whether or not a Soldier meets retention standards; it does not determine fitness.)
The PEB makes the decision of fitness by balancing the extent of a Soldier's condition, as shown through objective medical and performance evidence, against the requirements and duties that the Soldier may reasonably be expected to perform in their current job skill.
The mere fact that one or more medical conditions exist does not constitute an unfit determination.
Disability Ratings
If the Soldier does not meet retention standards, the case will be referred to a PEB for further disposition and determination of fitness. (The MEB determines whether or not a Soldier meets retention standards; it does not determine fitness.
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Soldiers who receive a rating of 30% or greater are either placed on the Temporary Disability Retirement List (TDRL) or are permanently retired for disability (PDR).
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Soldiers receiving a rating of 20% or less will receive disability severance pay. (Flip to “Disability Rating” for how severance pay is computed.)
The Army only rates those medical conditions that result in the Soldier being determined unfit for continued military service.
The Department of Veterans Affairs (VA) rates a Soldier for all conditions incurred in or aggravated by military service.
Therefore, it is not uncommon for a former Soldier to receive a higher combined disability rating from the VA than the PEB combined disability rating.
PDES is a Performance-Based System
It is important to understand that the PDES is a performance-based system.
Simply because a Soldier has a medical condition does not mean that the Soldier cannot continue to serve on active duty or in the Reserve components. It is the impact of the medical condition(s) upon the Soldier's ability to perform duties appropriate to their rank and job skill that is important.
A Soldier with a serious medical condition can be found fit when the evidence establishes that the Soldier can perform his or her duties.
The PEB makes determinations of:
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Fitness or unfitness to continue military service;
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Eligibility for disability compensation;
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Disability codes and percentage rating;
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Disposition of the case; and
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Whether or not the injury or illness meets combat-related criteria to qualify the Soldier for additional tax, employment, or other benefits.
Soldiers are referred into the PDES five ways:
(1) Medical Evaluation Board (MEB):
The MTF initiates a MEB when it is determined that a Soldier's treatment or hospitalization for a medical impairment has reached a point of stabilization and the course of recovery is relatively predictable, and further treatment will not cause a Soldier to meet medical retention standards in accordance with (IAW) Chapter 3, AR 40-501.
This determination is referred to as a Medical Retention Determination Point (MRDP). The MEB validates whether the Soldier meets medical retention standards. If the Soldier does not meet medical retention standards, the MTF refers the case to the applicable PEB.
(2) MOS/Medical Retention Board (MMRB):
The MMRB is an administrative screening board. It determines whether Soldiers who meet medical retention standards but have a permanent physical impairment can satisfactorily perform their primary MOS (branch/specialty code for officers) in a worldwide field environment.
The result of this board action may result in retention in current MOS, a change in the Soldier's MOS, or referral into the PDES.
(3) Fitness for duty medical examination:
Commanders may refer Soldiers to the MTF for a medical examination when they believe the Soldier has a medical impairment that impacts duty performance.
If the examination indicates the Soldier does not meet medical retention standards, the Soldier will be referred into the PDES.
(4) HQDA action:
The Commander, Human Resources Command (HRC), upon recommendation of The Surgeon General, may refer a Soldier to the responsible MTF for medical evaluation as described in (3) above.
The Commander, HRC, may also direct referral into the PDES upon disapproving an MMRB convening authority's recommendation to reclassify or branch transfer a Soldier.
(5) Reserve component (RC) nonduty-related process:
The Department of Defense (DoD) affords RC Soldiers not on active duty and pending separation for medical disqualification for nonservice-connected impairments the right to a PEB fitness determination.
RC units may refer to the Reserve Commanders' Guide to the PDES on the PDA website at: https://www.hrc.army.mil/site/active/tagd/pda/pdapage.htm.
The United States Army Physical Disability Agency (USAPDA) manages the Army's PDES and acts on behalf of the Secretary of the Army. USAPDA is a Field Operating Agency of HRC and is headquartered in Washington, DC, at Walter Reed Army Medical Center.
In addition to the USAPDA HQs, the Agency has PEBs located at Walter Reed, Ft. Sam Houston, TX, and Ft. Lewis, WA.
MTFs that conduct MEBs are aligned with one of these three PEBs. This alignment determines which PEB will adjudicate a Soldier's case.
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You are unfit to continue in the Army when the preponderance of evidence demonstrates that one or more physical and/or mental condition(s), independently or in combination, significantly interferes with your ability to perform the duties of your respective branch/MOS and grade.
The PEB makes the decision on fitness by balancing the extent of your condition, as shown through objective medical and performance evidence, against the requirements and duties that you may reasonably be expected to perform in your respective branch/MOS and grade.
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The mere fact that one or more medical conditions exist does not constitute an unfit determination.
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The inability to deploy to austere environments is only one factor in determining unfitness.
Typical medical evidence used by the PEB includes:
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A narrative summary (NARSUM) written by the MEB Physician
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History and treatment of the specific injury or illness
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Results of laboratory, X-ray, MRI, CAT scan, and other specialized tests
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Current Physical Profile
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All referrals to physicians, specialists, and sick call (health record)
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Type and frequency of medication
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Results of physical exam completed within past six months
Typical performance/administrative evidence includes:
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Statement from your Commander addressing current ability to perform duties in MOS and unit
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Evaluation Reports
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Army Physical Fitness Tests
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Approved Line of Duty investigations
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If you are suffering from an illness or injury, making sure you receive proper medical attention is the first priority. If your condition improves to the point that you are able to return to full military duty, you will be returned to a unit.
However, if the treating physician believes that you are unable to perform full military duty, or unlikely to be able to do so within a reasonable period of time (normally 12 months), you will be referred to a MEB at the MTF where your treatment is being provided.
Medical Evaluation Board (MEB)
If your physical condition falls below medical retention standards, the attending physician will refer you to the Physical Evaluation Board Liaison Officer (PEBLO) to start a MEB.
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The MEB is an informal process made up of at least two physicians who compile, assess, and evaluate your medical history and determine how your injury/disease will respond to treatment.
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The MEB documents the extent of your injury or illness and decides if your medical condition is severe enough to adversely affect your ability to continue serving in a full-duty capacity.
The attending physician does this by relating the nature and degree of your medical impairment to retention standards and the duties that you may reasonably be expected to perform in your respective branch/MOS and grade.
In a number of cases, certain diagnoses will require that you be referred to the PEB.
If the physician believes you will be able to return to your full military duties within a reasonable period of time, and you meet medical retention standards, then a MEB is not required.
The exception is if the MMRB refers you to the PDES. In this case, the physician can only return you to duty if your profile is upgraded to P2 and you meet medical retention standards.
Referral to PEB
How can I ensure the PEB has information necessary to render an accurate determination in my case?
The MEB normally contains all of the medical and non-medical evidence previously described. You (or your next of kin if you are not deemed competent) are required to review and sign the MEB findings, and will be allowed to comment, as desired, on the complete content of the MEB before it is referred to the PEB.
When a medical care provider or MTF representative informs you that referral to the PEB is recommended for a fitness determination, it is important that you become familiar with how the PDES process works.
Your primary counselor and information resource is the PEBLO. The PEBLO is your advocate, providing counsel on MEB and PEB findings, and related rights and benefits.
Note that the PEBLO works in the Patient Administration Division (PAD) of the MTF and not for the PEB.
You will have the opportunity to review and comment on the medical and non-medical information referred to the PEB.
You must ensure that all medical conditions are accurately and completely listed on the forms provided during the physical examination. The examining physician will address those additional conditions, document findings and, if appropriate, refer you to additional specialists for further evaluation. This may result in additional medically unacceptable conditions being referred to the PEB.
To ensure timeliness in this processing through the PDES, it is in your best interest to:
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Attend all appointments - contact counselor if you can't make an appointment. (No-shows will be reported to your Commander.)
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Provide a copy of your Leave and Earning Statement (LES), Enlisted/Officer Record Brief (ERB/ORB), last three evaluation reports (OER/NCOER), and retirement point statement (Reserve components) to the PEBLO.
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Provide copies of approved retirement or separation orders.
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Provide copies of orders for recent promotions or demotions.
You will be permitted to review the NARSUM and any addenda regarding a medical condition that has been prepared for referral to the PEB.
After completion of the MEB, you will review the findings and recommendations. If you disagree with the MEB or feel there is information missing or not adequately addressed, you will have seven days to submit a rebuttal.
If your goal is to remain in the Army, you can use this opportunity to provide documentation on your ability to continue to perform your duties despite your medical condition(s).
You may seek assistance from military legal counsel or request (through the PEBLO) that an impartial physician be assigned to explain and help you review the MEB contents.
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You must submit a written request to have an impartial health professional review the MEB contents to ensure that all injuries and/or illnesses are properly addressed.
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MTF Commanders designate an impartial physician, not associated with your medical board process. In most cases, the impartial reviewer should be your Primary Care Physician. They have five days to review and advise you about the MEB contents, and must have working knowledge of the PDES.
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To preserve impartiality, physician reviewers should not engage in direct clinical care or refer you for further evaluation. Such actions should be referred to the MEB physician if they concern MEB content, or to the appropriate provider if the requested care is unrelated.
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The impartial physician will review all medical documentation pertaining to the medical board to ensure each injury and/or illness has been addressed on the DA 3947 (Medical Evaluation Board Proceedings).
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Upon complete review of the medical board, the impartial physician will contact you to go over the findings in person. The impartial physician will then submit his/her findings in writing to the assigned PEBLO. Any rebuttal or comments provided are referred back to the original physician, who will address the issues and make changes as appropriate.
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The reviewing physician receives the rebuttal and can decide to let the MEB stand as written, send the MEB findings back for further medical information, or forward them to the PEB with attachments or additional notes. All responses to your rebuttal or comments must be completed within seven days of receipt.
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The PEB is made up of two types of boards: informal and formal.
A board is made up of a three-member panel trained on adjudication standards and procedures. The Presiding Officer will normally be a Colonel (sometimes a LTC); in addition, each board has a Personnel Management Officer (normally a field grade officer or civilian equivalent) and a Medical Member (normally a DA civilian physician). Most civilian board members are retired military with significant experience. By law, all PEBs considering an RC Soldier will include an RC member on the board.
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The MEB is initially reviewed by the informal PEB. You do not appear before the informal PEB.
This board reviews the medical and non-medical evidence of record contained in the MEB. The PEB's first determination is whether or not you are fit to continue to perform your primary military duties.
If you are determined unfit, the PEB decides if you are eligible for compensation. If yes, they also determine your rating percentage and recommend whether or not you should be separated with severance pay, permanently retired, or placed on the TDRL.
This informal board forwards their findings to the PEBLO, who must deliver them to you within three days of receipt. You should make yourself available to the PEBLO and avoid regular leave, temporary duty (TDY), or any duty that would make you unavailable during this timeframe.
The PEBLO will deliver the findings in person, if possible, or by phone or other verifiable means. Your Army Knowledge Online (AKO) e-mail address and any other frequently used e-mail address should be reflected on the MEB findings. Check your e-mail frequently during the MEB and PEB process.
The PEBLO will counsel you on the findings, help you to complete an election of options and notify the PEB of your decision on how to proceed. You must complete your election of options within 10 days of receipt from the PEBLO.
If Found Fit:
If the informal PEB renders a “fit for duty” decision, you may either concur or nonconcur with this decision.
If you nonconcur, you should submit a written rebuttal that includes new medical information or performance data not previously available or considered by the informal PEB. Other supporting material may also be presented.
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If you are found fit by an informal PEB, you do not have a legal right to a hearing; however, as an exception, a formal PEB may be requested from the PEB President.
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If you are found fit while on the TDRL, you are entitled to a formal hearing before the PEB.
If Found Unfit:
If found unfit, you may concur with the findings, or nonconcur and submit a written rebuttal and/or demand a formal PEB (with or without a personal appearance). The informal PEB will consider all written rebuttals, and may issue revised findings or affirm their original findings. You do not give up your right to a formal hearing by submitting a rebuttal.
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As provided in law, no active-duty or Reserve Soldier found unfit by an Informal PEB may be retired or separated for physical disability without being given the right to request a formal hearing.
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If you are found unfit by the informal PEB and wish to appeal, you can demand a formal hearing, with or without a personal appearance.
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Army regulations require that unit commanders issue TDY orders to Soldiers to support travel to and from formal hearings if their condition is duty-related.
The formal PEB is your opportunity, with the assistance of legal counsel, to present evidence, testimony and documents in support of your case.
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You may appear in person and present evidence pertinent to the case.
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You can be represented by an appointed Judge Advocate General Corps (JAGC) attorney, or counsel of your own choosing (a civilian attorney or a representative from a National Service Organization such as Disabled American Veterans). If you choose to have civilian counsel, it will be at no expense to the government.
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Counsel
Once scheduled for a formal board, a military attorney of the JAGC assigned to the garrison Staff Judge Advocate (SJA) office where the PEB is located will contact you. These officers are not assigned to the PEB; they serve as independent military counsel.
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Military counsel is normally appointed and made known to you prior to the scheduled formal hearing date. This occurs as soon after you choose a formal hearing as is practicable.
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The military counsel must consult with you at least one day before your formal hearing. This is an opportunity to go over your case and discuss any last-minute questions.
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Changing representation (counsel) prior to the formal hearing does not constitute an automatic reason for delaying or postponing a formal hearing.
Informal vs. Formal PEB
Once the formal board convenes to consider your case, the informal board findings become null and void, and you cannot accept the informal board findings under any circumstance.
Reporting to the Formal PEB
Report to the formal PEB in the appropriate uniform of the day for the locale, to the Presiding Officer of the formal PEB.
The formal PEB panel will inform you of your rights, including your right to make sworn or unsworn statements, your rights under the Privacy Act, and your right not to make any statements about the origin or aggravation of your injury. If you decide not to testify, the formal PEB panel will not question you.
Recording Testimony
All formal PEB proceedings are recorded, except during the general overview prior to convening and the deliberation phase. You or your counsel may request a copy.
Documents to Bring with You
During the formal PEB, anticipate questions relating to how and when your condition occurred, treatments received, medication, and work limitations that it imposes. You will be provided the opportunity to discuss your case in detail.
The panel will usually have your medical records, medical reports, administrative and performance records, and statements from your chain of command concerning current duty performance.
To avoid undue delay and any detriment, you should arrive at the hearing with copies of all materials necessary to present your case. It is highly recommended that you submit any documentation not contained in the PEB packet to the board at least 24 hours prior to the actual board date. The formal PEB members use all of this information in the decision-making process.
A Chance to Address Board Members
Following questioning by the board members and your counsel's summation, you will have one last opportunity to address the board members and have the option of making a brief statement.
Once all evidence has been reviewed and testimony concluded, you and your counsel will be excused for board deliberations. Only the voting board members are present during deliberations.
Board Members Vote and Provide Recommendation
The formal PEB members will independently vote to determine if you are fit or unfit.
If unfit, and found eligible for compensation, the PEB will also determine your rating percentage and disposition. All findings are decided by majority vote.
The formal PEB then reconvenes and notifies you and your counsel of their decision. A copy of the report of proceedings, which provides the PEB's findings and recommended disposition, will be provided to you before you leave the PEB. You again have 10 days to make an election of concurrence with the formal PEB findings.
If the board's decision is not unanimous, the dissenting board member may choose to submit a minority report citing their rationale for disagreeing with the majority. The minority report will be made a part of the PEB record and will cause an automatic review by the USAPDA.
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If you disagree with the formal PEB findings, you can submit a rebuttal, which will be reviewed by the formal PEB. The formal PEB will either affirm their initial findings, or may issue revised findings (called a formal reconsideration).
If the latter, you will again be allowed to respond to those findings by submitting another rebuttal to the formal PEB.
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Final approval authority for all PEB findings and recommendations rests with the USAPDA.
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All cases completed by the PEB are forwarded to the USAPDA.
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The USAPDA HQs conducts an appellate review of every case where a Soldier disagreed with the final PEB findings (informal or formal), and also reviews a selected percentage of certain types of cases to ensure adjudicative consistency and accuracy.
The Agency has the authority to issue revised findings or return a case to the PEB for reconsideration if they determine the evidence of record does not support the PEB findings and recommendations.
If USAPDA does issue revised findings, you will once again be allowed to agree or disagree with the revised findings, and submit a written rebuttal.
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If you have not yet had a formal hearing, one can be requested at this time.
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If you have already had a formal hearing, the appeal will be forwarded to the Army Physical Disability Appeal Board (APDAB) for review at that level.
After separation or retirement from the Army, you have the right to petition the Army Board for the Correction of Military Records (ABCMR) for relief if you believe your case was incorrect or subject to injustice or inequity.
If you were separated from the Army with severance pay because of an unfitting disability, and the separation occurred after September 11, 2001, you are also entitled to request a review from the DoD Physical Disability Board of Review (PDBR).
You can only request review from one of these two appellate boards, not both.
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If the PEB finds that you are unfit, and you are eligible for disability benefits, the PEB will rate the severity of your injuries using the VASRD.
The VASRD lists hundreds of physical and mental disabilities and rates them using objective medical criteria.
Depending on the severity of your illness or injury, the PEB will rate you from 0% to 100% disability. Each condition receives a separate rating, and these ratings are combined (flip to “Disability Rating”).
At certain select locations, a DoD/VA DES Pilot Program has been implemented in which the VA and the Army jointly evaluate a Soldier's medical conditions. Under this program, the Army still determines fitness for duty, but the VA is responsible for rating the unfitting disabilities.
Soldiers under the Pilot Program will receive both their Army and VA ratings at separation. Soldiers included in this program will receive additional information on the process from their PEBLO. Flip to “DoD/VA DES Pilot” for more information.
Analogous Ratings
While the VASRD lists hundreds of physical and mental disabilities, many conditions are not specifically identified and must be rated by “analogy” (that is, its likeness) to a listed condition that is similar in function, anatomical localization, or symptomology.
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Once eligible for disability benefits, the severity of your condition determines whether you receive disability retirement or are separated with severance pay.
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Soldiers rated with a 0%, 10% or 20% disability who have less than 20 years of active service or 7,200 points of combined service, will be separated with severance pay.
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Soldiers with 20 or more years of active military service or 7,200 points of combined service, or possessing a disability rated at 30% or more, receive disability retirement.
Disability retirement is either temporary (TDRL) or permanent depending on the stability of your medical condition.
How is disability severance pay calculated?
To calculate disability severance pay, multiply your basic pay for two months by your number of combined years of active service. A minimum of three years of service is used to compute severance pay, with the minimum rising to six years if the unfitting condition was incurred in the line of duty in a combat zone or in support of combat-related operations.
Note that there is no difference between a 0%, 10% or 20% rating in the calculation of the amount of severance pay received. The rating is not a factor in determining severance pay.
How is disability retirement pay calculated?
Temporary
Temporary disability retirement pay is calculated in the following way:
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0%-50% disability rating = 50% of basic pay*
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50%-70% disability rating = that percentage of basic pay*
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80%-100% disability rating = 75% of basic pay*
*Soldiers who entered active duty after September 8, 1980, will have their basic pay calculated as the average of their “high 36-months” of basic pay. For Soldiers who entered before September 8, 1980, final basic pay is used.
Permanent
If you are permanently retired for disability, disability retired pay is calculated on the basis of your actual disability rating (e.g., 30% disability rating) or length of service rating (2.5% x years of service) up to a maximum of 75%.
The percentage is multiplied by your basic pay (or high 36-month average as described earlier).
Note that the amendment of law that lifted the 75% cap for purposes of retirement for length of service did not include those who retire for disability with more than 30 years of service.
Disability retired and severance pay awarded to Soldiers who were not a member of the Armed Forces on September 24, 1975, is considered taxable by the Internal Revenue Service. An exception exists for a Soldier receiving separation or retired pay by reason of a combat-related injury. The PEB will make combat-related determinations on all cases considered.
Your Grade for Calculation Purposes
For the purpose of calculating disability severance pay or retirement pay, your grade is the higher of your:
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Current grade,
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Highest grade satisfactorily held, or
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Grade to which you were pending promotion.
Enlisted Soldiers on a promotion list will be promoted on their last day of active duty if otherwise eligible.
Officers on an approved promotion list receive disability severance pay at the higher grade and are retired at the higher grade. Officer promotion law, however, does not allow for an actual promotion ahead of the promotion eligibility date. The officer will be authorized an ID card based on the retired grade.
Retirement at a higher grade will not increase retired pay for officers who fall under the high 36-month retired pay base.
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The PEB combines ratings based on instructions found in the VASRD. The PEB then arranges the rated conditions in order of their severity, starting with the greatest disability, and then rates each as a percentage of remaining efficiency.
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For example, a Soldier with a 60% disability is considered 40% efficient.
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If the Soldier also has a 30% disability, it is measured as 30% of the remaining 40%, leaving the Soldier as 28% efficient or 72% disabled.
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The 72% is rounded to 70%, which is the Soldier's combined rating.
This system is complicated. If you receive a combined rating, your PEBLO can explain how it was determined.
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If you qualify for permanent disability retirement (i.e., you are rated at 30% or higher, or have 20 or more years of active duty or 7,200 points of combined service), you will be placed on the TDRL if the PEB determines that your condition is not stable for rating purposes.
This happens if accepted medical principles indicate that your condition can be expected to improve or worsen during the TDRL period.
While on the TDRL, your disability rating doesn't change, regardless of any change in your condition.
Placement on the TDRL protects both you and the Army. If you are placed on the TDRL, you will receive:
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A minimum of 50% of your basic pay (or high 36-month average as described earlier) and all other retirement benefits (ID cards, TRICARE eligibility, etc.) while you remain on the TDRL.
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A medical re-evaluation, as coordinated by the USAPDA HQ, at least once every 18 months while you remain on the TDRL.
This re-evaluation will be forwarded to a PEB for a new disability determination. As a result of the new PEB findings, you may be:
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Found fit (and be given the opportunity to return to military service if desired),
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Separated with severance pay (if the rating is decreased under 30%),
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Permanently retired, or
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Retained on the TDRL and re-evaluated again within 18 months.
Placement on the TDRL can be no longer than five years. At the end of those five years, Soldiers must be removed and given a final rating. If a Soldier does not keep the USAPDA informed of their civilian address, or doesn't report for scheduled TDRL re-evaluation, retired pay may be suspended.
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Just because you have a condition that matches a description in the VASRD does not mean that the PEB will find you unfit to continue military service.
Before you are eligible for a disability separation or retirement, your case must show your inability to reasonably perform the duties of your office, grade, rank or rating, and that your inability to perform is a direct result of a documented disability.
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The PEB evaluates the evidence of each diagnosis, but only rates the conditions that prevent you from performing military duties.
For example, a Soldier, in a single accident, could suffer internal injuries that result in the loss of one kidney and a musculoskeletal injury that crushes two vertebrae damaging disks and impinging on nerves. The loss of a single kidney would not necessarily prevent the performance of military duties; however, the back injury may very likely result in the Soldier being unfit.
In this example the disability rating would likely be awarded for the back injury only.
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Physical or mental disabilities that make you unfit may have existed prior to entering the service (EPTS). Causes of EPTS disabilities include hereditary or congenital defects, or injuries with an inception before entering active service.
There is a presumption that pre-existing conditions have been service-aggravated, but this presumption can be overcome if the PEB determines that it is clear and unmistakable that the worsening of any condition followed the “natural progression” of the pre-existing injury or disease based on well-established medical principles.
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If you have less than eight years of total active service (see “eight-year rule” on the next flap), you may be separated without disability benefits.
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This occurs when the PEB determines that, based on clear and unmistakable evidence, your injuries are EPTS without permanent aggravation.
By law, the Army only compensates for those conditions that were caused by, or permanently aggravated as a result of, military service. The military PDES considers conditions that are hereditary to be incurred at birth. If they become unfitting, they are not compensable unless military service aggravates the condition to a severity greater than that which would have occurred as the result of natural progression.
It is possible for you to possess a physical or mental disability and never experience a problem until you encounter the stresses of military life. The physical and emotional stress of military training can cause a latent condition to appear or an old injury to worsen to the point that you are no longer able to perform your military duties.
To appeal a finding of EPTS, you must present medical evidence that your condition did not exist prior to entering the service, or provide medical evidence documenting that military service permanently aggravated a pre-existing condition.
Separation without Disability Benefits
You may be separated without disability benefits in the following situations:
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The unfitting condition resulted from injury that was due to intentional misconduct or willful neglect.
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The disability was incurred during a period of unauthorized absence.
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The disability was not incurred or aggravated in the line of duty (for example, EPTS).
What is the eight-year rule?
By law, a Soldier with over eight years of active federal service is eligible for disability compensation even if the condition is EPTS.
The eight years of active service do not have to be continuous; however, you must be on active-duty orders of more than 30 days for this rule to apply.
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RC Soldiers on Active Duty
There is no difference in PEB case processing for an RC Soldier serving on a period of active duty, from that of an Active component Soldier. You are entitled to the same PEB determinations and disposition recommendations.
There are two provisions of law that allow you to transfer to the Retired Reserve instead of accepting disability severance pay or being separated without entitlement to benefits due to an EPTS condition.
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10 USC 1209 allows a Ready Reserve Soldier to be transferred to the Retired Reserve instead of accepting disability severance pay when the member has 20 qualifying years.
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10 USC 12731b allows a member of the Selected Reserve to transfer to the Retired Reserve when he or she has at least 15 qualifying years and loses qualification to continue in the Selected Reserve solely due to the medical impairment.
Remember that the PDES is a performance-based system. The PDES determines if your medical condition(s) renders you fit or unfit to perform military duty. It does not assess your capacity to perform in a civilian position.
RC Soldiers Not on Active Duty
RC Soldiers not on active duty who have nonservice-connected conditions may be referred to the PDES under the nonduty-related process for a determination of fitness only.
Referral is generally voluntary, and you can request it when you are notified you are pending separation due to medical disqualification.
Referral may be involuntary, as is the case for USAR AMEDD officers who participated in certain scholarship programs.
Your command decides whether to submit a case as “duty-related” or “nonduty-related.” Cases referred under the nonduty-related process are not authorized MEBs; the MTF does not provide care for the conditions for which you were referred.
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A WT is defined as a Soldier (Active component or Reserve component) who is assigned/attached to a Warrior Transition Unit (WTU)/Community Based WTU (CBWTU) and whose primary mission is to heal.
The WT program is designed to provide you with optimal medical benefits, and expeditious and comprehensive personnel and administrative processing while you are receiving medical care.
The Army will take care of you through high-quality, expert medical care with the primary goal of returning you to duty; however, if a return to duty is not possible, you will be processed through the PDES in the same way outlined in this handbook.
If you leave the Army, the Army will administratively process you with speed and compassion. The Army will assist with transitioning your medical needs to the VA for follow-on care.
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While the overall PDES process is the same, there are some unique aspects to MEBs conducted on Soldiers located away from an MTF.
In many cases, as a CBWTU Soldier you will receive your medical care from a nonmilitary provider. Your CBWTU Clinical and Administrative Chain of Command must closely monitor your medical progress to determine when referral to a MEB is appropriate.
Once this medical determination is made, the CBWTU gathers preliminary documentation, which will become the basis for referral to the supporting MTF for the MEB.
You will most likely have to report to the designated MTF to complete the MEB and, if appropriate, PEB referral. You will be at the MTF for about two weeks for medical evaluation, MEB counseling, and all other aspects of the MEB process.
After the MEB, you will be returned to the control of the CBWTU to await the outcome of the board process.
Remain in close contact with your CBWTU Case Managers who will monitor your progress throughout the process. Also, upon arrival at the MTF, you will have frequent contact with an assigned PEBLO who will become your advocate while you are at the MTF, and who will remain responsible for your case even after you return to the CBWTU.
Note that all documentation requirements, PEBLO Counseling, and appeal rights are exactly the same for Soldiers attached to a CBWTU as for a Soldier receiving care at a military MTF.
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Active Component (COMPO 1):
A Warrior Screening Matrix - IAW WTU Consolidated Guidance (Administrative) - is used to help health care providers and Unit Commanders identify whether you fit the criteria for assignment/attachment to a WTU/CBWTU. Medical non-availability is not an automatic entrance into the WTU.
Reserve Component (AR/NG) - COMPO 2/3:
If you are an RC Soldier during mobilization, pre-deployment, post-deployment or separated from your unit, and are in need of definitive health care based on medical conditions identified, incurred or aggravated while in an active-duty status in support of the Global War on Terrorism (GWOT), you can apply for entrance into the WTU under the Medical Retention Processing (MRP) and MRP2 programs (GWOT).
Additionally, if you are in need of health care for conditions resulting from a non-GWOT activity (i.e., ADT, ADSW, BA, ECT, etc.), you may qualify for Active Duty Medical Extension (ADME) and may also apply for entrance into the WTU.
Authority for RC Soldiers who volunteer to remain on active duty for the purpose of medical care is governed by 10 USC 12301(h). Determination is made by the Office of the Surgeon General (OTSG) Medical Review Board and, if approved, assignment is made to WTU/CBWTU.
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If you are found unfit by the PEB, you may request Continuation on Active Duty (COAD) or Continuation on Active Reserve (COAR) status as an exception to policy (AR 635-40). Consideration for COAD/COAR is not the responsibility of the PEB.
Your PEBLO will help you complete the packet that will go to the USAPDA once you are found unfit by the PEB. It will then be forwarded to your component for a final determination.
Priority consideration is given to:
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Soldiers with 15-20 years of service;
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Soldiers qualified in a critical skill or shortage MOS; or
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Soldiers who have a disability that resulted from combat operations or terrorism.
To be considered for COAD or COAR, you must:
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Have a condition that will not require undue loss of time from duty for medical treatment;
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Not pose a risk to the health and safety of yourself or other Soldiers; and
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Be physically capable of performing useful duty in an MOS for which you are currently qualified or potentially trainable.
A COAD/COAR application is submitted by a Soldier after the PEB findings are provided. PEBLOs can provide more information on the COAD/COAR process.
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No. The DoD and VA disability evaluation systems are independent of one another (except for those Soldiers participating in the Pilot Program discussed on the next flap).
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Only those conditions that render you unfit for continued military duty will be rated by the PEB.
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However, the VA could potentially rate all service-connected conditions.
Although the VA uses your medical record to determine service connection, you will be given a complete medical examination by the VA before a rating determination is made by a VA rating specialist. The VA could potentially rate additional/other chronic conditions, which are medically acceptable to the Army, but by law are service-connected, because they were incurred or permanently aggravated by service.
More information on VA benefits can be found at www.va.gov. In addition, VA Benefits Counselors are available at most Army transition centers.
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The Department of Defense and Veterans Affairs DES pilot program was introduced in November 2007. The Pilot:
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Is designed to streamline and expedite disability recovery and processing to create improved treatment, evaluation and delivery of compensation and benefits.
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Ensures a seamless transition for the wounded, ill or injured from DoD care, benefits and services into the VA system.
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Increases the transparency of the process by allowing you to see your proposed VA disability ratings and request a one-time reconsideration prior to separation.
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Maintains the rights you are afforded in the existing DES system. Specifically, you can request a formal board and have legal representation throughout the process.
In addition to streamlining the process, DoD and VA have enhanced case management with case management teams that are focused on your needs.
Currently, it is only available at certain locations as a test. Contact your PEBLO to see if you are eligible.
The DES Pilot goals include:
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Streamlining and expediting the DES process resulting in a more effective Disability Evaluation System that provides Service members and their families a smoother transition through the disability process. This is accomplished through a partnership between the DoD and VA by removing the current system's duplicative processes.
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DoD and VA's individualized, integrated and interagency support fosters a seamless transition between the two agencies throughout the entire process - from treatment and rehabilitation, to evaluation and reintegration, to military service or civilian status.
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Better coordination and quality case management, which ensures access to all resources available to Service members, veterans and their families.
The DES Pilot achieves these goals through a combination of improvements to the current process including:
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Use of a single comprehensive VA-administered physical exam conducted by VA-certified physicians that eliminates the need for a second exam.
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A single-sourced VA disability-based rating that ensures efficiency and consistency in the rating process, and a finding of fitness for duty by the Service member's service component.
This process allows you to transition to VA compensation and benefits immediately upon separation or retirement.
Will the PEB find me unfit for more conditions if I am in the DES Pilot Program?
No. The PEB uses the same standards for fitness whether or not you are in the Pilot.
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In the current DoD PDES, the PEB determines what conditions render you unfit from the MEB and assigns disability ratings for those conditions.
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In the Pilot, you receive your disability ratings for conditions that the PEB determined render you unfit from the VA.
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Current System
The top portion of the chart represents the current system.
In the current system, you must be medically evaluated and rated by the DoD, and then medically evaluated and rated by the VA after separation.
The result is two separate processes averaging a total of 540 days from entry into the DES to receipt of disability benefits from the VA.
DES Pilot Program
The bottom portion of the chart represents the DES Pilot, which provides you a single medical examination by a VA-certified physician and a single rating provided by the VA Rating Board.
Ultimately, it allows for more consistent disability ratings and reduces the amount of time necessary for you to transition through the DES.
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Active component Service members can expect to complete the DES Pilot in an average of 295 days from referral into the DES Pilot to receipt of VA benefits.
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RC Service members can anticipate spending 305 days in the DES Pilot.
As a result of the DES Pilot, a Service member and their family have a Disability Evaluation System that is simpler, faster and fairer.
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The information in this handbook provides an overview of the Department of the Army Physical Disability Evaluation System. It is not intended as a comprehensive review of the system.
Soldiers going through the system should attempt to educate themselves with the help of their PEBLOs who are the primary resource. The Secretary of the Army charges the PEBLO with the responsibility of counseling and educating Soldiers undergoing a medical board on the entire MEB and PEB process.
Additional information can be found on the Soldiers' Counsel and PDA websites at:
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