Links And Info Meb,peb,peblo

[Berta]

I didnt know were to post this info here-

this is email from Colonel Dan Cedusky:

“Good article on Medical Evaluations for discharge/Medical Retirements below

Army http://www.west-point.org/users/usma1991/48648/

VA.. http://www.vba.va.gov/predischarge/index.htm

Navy: http://www.donhq.navy.mil/corb/peb/pebmainpage1.htm

USAF: http://www.woundedwarrior.af.mil/shared/media/document/AFD-090219-058.pdf

http://www.woundedwarrior.af.mil/

military overall

http://louisvillelaw.com/federal/physical_disability_sep_1.htm

Partial reprint

Overview.

A soldier may be separated from the United States Army for a physical or mental impairment, whether a disease or injury, if it renders the soldier physically unfit for duty. Fitness for duty is a function of the soldier’s ability to perform the duties of his or her primary military occupation specialty (PMOS) or offi cer specialty (OS) at a minimum level of competence given the soldier’s rank and current duty position.[1][3] The Physical Evaluation Board (PEB)is the sole forum within the Army to determine a soldier’s unfitness for duty as a result of a physical impairment. Failure on the part of a soldier to be worldwide deployable by reason of a physical disability does not by itself render a soldier unfit for duty. The factual determination as to whether a soldier is fit or unfit for duty exclusively focuses upon duty performance. A soldier carrying multiple diagnoses may nonetheless be found fit for duty if there has been no significant diminution in the soldier’s duty performance. It is only when a physical disability has risen to the high level of interrupting the soldier’s service career, or term of service, that a PEB w ill make a factual finding of unfitness. To illustrate how this is so strongly a performance based system, it is not unusual to come upon the paradox wherein two soldiers of equal rank with identical medical conditions of equivalent severity, have contradictory fitness findings. This is where one soldier is found fit for duty and the other is not. This apparent contradiction in outcome is explained by the fact that one soldier can still perform the duties of his/her PMOS, while the other cannot. Consider the example of two PFCs, one a 11B5P airborne infantryman and the other a 71L administrative specialist, both of whom are afflicted with constant, moderate knee pain. This medical condition will render an infantryman unfit for duty given the demanding physical requirements of the Airborne Infantry, whereas the administrative specialist with only light physical requirements can still perform clerical duties at a minimum level of competence or higher, and will, therefore, be f ound fit within the limits of his/her physical profile.

The process for making a fit for duty determination begins with the medical evaluation board (MEBD).[2][4] A soldier may be referred to an MEB from a MOS/Medical Retention Board (MMRB) or by a reviewing or treating physician.[3][5] The results of the MEB are forwarded to the Physical Evaluation Board (PEB) for adjudication. After adjudication, the PEB results are forwarded to the Physical Disability Agency (PDA) for review and final appr oval.[4][6] The PDA is a Department of the Army agency that has final approval authority for disability cases adjudicated by the PEB.

2. The Medical Evaluation Board (MEBD).

The treating physician, company/battery commander, or a convened Medical/MOS Retention Board (MMRB), each possess the authority to refer a soldier to a MEBD if separation for medical reasons is immediat ely foreseeable. The soldier’s servicing medical treatment facility (MTF) convenes a MEBD to document the soldier’s medical history, current physical status and recommended duty limitations. The soldier’s command prepares a memorandum on the commander’s position on the soldier’s physical abilities to perform PMOS/OS duties in the currently assigned duty position. The MEBD’s mission is to determine if the physically-impaired soldier meets retention standards in accordance with AR 40-501, Standards of Medical Fitness.[5][7] The PEB, however, is the sole determiner of the soldier’s physical fitness for duty, as measured by duty performance, in accordance to AR 635-40, Physical Evaluation for Retention, Retirement, or Separation.

The MEBD forwards the soldier’s case to the PEB for review if the MEBD finds that the soldier does not meet retention standards, according to PMOS/OS and grade, as prescribed by chapter 3, AR 40-501.[6][8] However, a soldier is not automatically unfit because of a failure to meet the retention standards. AR 635-40 precludes the doctors at the MEBD from making a factual determination as to the soldier’s physical fitness for duty. This fact-finding authority is solely within the purview of the PEB.[7][9] If the physician violates this pro hibition and renders a fitness assessment, it will simply be ignored by the PEB.

The MEBD findings are recorded on DA Form 3947 (Medical Evaluation Board Proceedings). This form documents the physical or mental conditions that preclude the soldier’s retention. If the soldier does not agree with the findings, he may so indicate on DA Form 3947 and attach a written appeal that sets forth the reasons he or she disagrees. If the Medical Treatment Facility’s (MTF) approving authority does not make a favorable change in the original MEBD based upon the soldier’s appeal, a copy of the soldier’s appeal will be sent to the PEB along with the results of the MEBD.

3. Physical Evaluation Board Liaison Officers (PEBLO).

An important actor and source of information for soldiers throughout the PEB process is the PEBLO. The PEBLO collects and prepares the soldier’s medical packet for presentation to MEBD and PEB.[8][10] A soldier’s medical packet consists of medical records, medical narrative summary of present disabling conditions, commander’s memorandum and physical profile, along with other related i nformation.

Each MTF should have a designated PEBLO available to provide counseling for soldiers from the time they are identified as requiring a MEB through the time that they are separated. The PEBLO will work with the Soldier’s Legal Counsel and PEB to obtain required documentation and other medical information and will also serve as the point of contact between physicians and board members. The PEBLO is usually located in the Patient Affairs Division.”