FORT LEE, Va. (Dec. 18, 2014) -- It's a fact of Army life that some Soldiers will develop medical issues during their careers. Occasionally, they are severe enough to interfere with the Soldier's ability to serve, and for some, ultimately cause them to leave the military. Soldiers at Fort Lee who find themselves going through the medical board process need to look no further than the Office of Soldiers' Medical Evaluation Board Counsel for assistance.
Members of the SMEBC staff are located on the 2nd floor of Kenner Army Health Clinic, in the Patient Administration Division. They provide legal counsel and guidance to Soldiers undergoing the Army's Disability Evaluation System, from the initiation of a Medical Evaluation Board through final review by the Physical Evaluation Board and separation or return to duty. The staff members provide case-specific legal advice and advocacy designed to help Soldiers formulate and achieve their specific goals from the DES, whether that is to be found 'Fit for Duty' or separate with a fair and accurate disability determination. They are trained to assist Soldiers at each stage of the DES. They do not advise or represent commanders, medical personnel or the board processes. Communication between Soldiers and the staff is confidential and protected by attorney/client privilege.
There are three stages of the DES, and staff members of the SMEBC provide assistance throughout the process.
During the Medical Evaluation Board phase, staff members provide a legal briefing for all Soldiers upon initiation of the MEB, which covers services provided and explains Soldiers' due process rights and options throughout the DES process. Soldiers should consult with the office as soon as possible after entering into the MEB system. There are three critical phases for Soldiers to consult with SMEBC:
• Upon Referral to the MEB: SMEBCs can help Soldiers understand the process and formulate strategies to achieve their desired outcome. For Soldiers in the Integrated Disability Evaluation System, it is important to consult with SMEBC prior to meeting with the Military Services Coordinator in order to ensure the Virginia Claim Form is properly completed and consistent with the Soldier's medical condition and goals.
• Completion of MEB Proceedings: SMBECs are available to review the completed Department of the Army Form 3947, Narrative Summary, and other documents in order to advise the Soldier whether the MEB's findings and recommendations are consistent with the Soldier's desired outcome. Counsel can assist Soldiers with requests for impartial medical reviews and MEB appeals when they believe the medical evaluations do not accurately reflect the Soldier's true condition. There are strict time limitations at this stage so it is crucial that Soldiers who desire legal assistance contact the OSMEBC immediately after receiving the completed MEB documents.
• Informal PEB Decision: SMEBCs counsel and advise Soldiers about whether to accept the IPEB decision, request a formal PEB hearing and/or challenge the proposed VA disability rating. Following any appeals submitted by the Soldier of the MEB, the case is referred to the PEB for an informal adjudication. The Physical Evaluation Board issues its decision on a DA Form 199 and Soldiers have 10 days to make a decision about the course they wish to pursue. Accordingly, Soldiers should consult their SMEBC as soon as possible after receiving the DA Form 199.
During the physical evaluation board phase, the Soldiers' PEB Counsel, located in Arlington, provides legal advice and representation to Soldiers who request formal hearings before the PEB. When Soldiers do not concur with the fitness determination made in the IPEB, the counsel staff will work with the Soldier and the SMEBC to develop a strategy to meet the Soldier's goals. SPEBC helps identify, gather and present evidence to the PEB that supports the Soldier's desired outcome and represents the Soldier in negotiations with the PEB and in the Formal Board, should one be necessary. If the Soldier is dissatisfied with the PEB decision, the SPEBC will work with the Soldier to determine whether an appeal might be effective, identify the best grounds for an appeal, assist in gathering relevant evidence, and prepare the Soldier's written appeal to the U.S. Army Physical Disability Agency.
OSC personnel are available to advise and assist Soldiers who non-concur with their proposed VA disability ratings for medical conditions found to be unfitting by the PEB. Soldiers have a right to one VA rating appeal. The appeal process can be rather confusing. Depending on the specific case, the appeal may be prepared by the Soldiers' MEB Counsel or the Soldiers' PEB Counsel. Given the strict timelines associated with these appeals and the appeal process, it is critical that Soldiers consult their local OSC as early as possible.
The SMEBC staff can be contacted at (804) 734-9863 for assistance for Soldiers going through the MEB process.
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