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Saturday, May 14, 2011

Civilian Court-Martial Lawyers:
Noncommissioned Officer (NCO) Represented by Attorney Richard V. Stevens Successfully Appeals FPEB Recommendations

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a noncommissioned officer (NCO) who was recommended for medical separation by the Medical Evaluation Board (MEB), Informal Physical Evaluation Board (IPEB) and Formal Physical Evaluation Board (FPEB) successfully appealed the recommended medical separation and the recommended disability percentage.  The NCO was represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The NCO client was recommended for medical separation at 10% by his FPEB.  His contention was that he should be medically retired, not medically separated, and his disability rating should be dramatically increased.  Based on documents obtained during case preparation, and based on the arguments set forth in the FPEB appeal, the NCO’s position was granted.  His disability percentage was increased by an additional 30%, it was changed from noncombat to combat related, he was recommended for medical retirement (vice medical separation) and his VA percentage was increased to 70%.  Due to the medical and administrative issues involved in a MEB and/or PEB case, no further details about this case can be provided.

While this military case was successfully appealed, it is important to understand that every case has different facts, and success in previous cases does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military trial or case.  For more information on the military justice system, please see our other blog posts.  For more information on MEB/PEB cases, please see:

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

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