Legal Question in Military Law in Arizona

Re: Military Medical Board Question

Yes, the new act just recently took effect. Here is some basic information about that.

The PDBR will reassess the accuracy and fairness of the combined disability ratings assigned to service members who were discharged as unfit for continued military service by the military departments with a combined disability rating of 20 percent or less, and were not found to be eligible for retirement. The PDBR will not review the military departments� determinations of fitness for continued military service. Instead, the PDBR will review the combined disability ratings assigned to the specific conditions that resulted in a member being declared unfit for continued military service, acted upon by the military department Physical Evaluation Boards.

Any service member may have his or her case reviewed by the PDBR if he or she meets certain conditions. The member must have been separated from the Armed Forces between Sept. 11, 2001, and Dec. 31, 2009, due to unfitness for continued military service resulting from a physical disability under chapter 61 of title 10, U.S. Code. Additionally, the member must have received a combined disability rating of 20 percent or less, and have been found not eligible for retirement. By law, once adopted by the service secretary, a PDBR recommendation is final, and removes the service member�s option to pursue subsequent review through the respective military department�s Board for the Correction of Military Records.

Service members may request the PDBR review their case if these conditions are met. Alternatively, the PDBR may itself decide to review an individual�s case, pending consent of the service member. Generally, individuals will apply for PDBR review through their respective military department.

I hope this information is helpful. Let me know if you have any further questions or if I can be of any assistance.