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Monday, October 31, 2011

Civilian Court-Martial Lawyers:
Client Wins Military Disability Case After Six Year Legal Battle

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) won his military disability case after a six year legal battle. 

In 2005, the client faced a Formal Physical Evaluation Board (FPEB) in which we disputed the Medical Evaluation Board (MEB) and Informal Physical Evaluation Board (IPEB) recommendation for 20% disability rating and medical separation instead of a higher disability rating and medical retirement.  At that 2005 FPEB board hearing, we were able to get the client placed on the Temporary Disability Retired List (TDRL) which allowed more time for further medical evaluations. 

Unfortunately, in the 2009 post-TDRL FPEB hearing, the client was again rated at 20% and recommended for medical separation instead of medical retirement.  The client was then removed from TDRL and medically separated at 20%. 

What followed were appeals through the client’s service branch and, ultimately, to the Board of Corrections for Military Records (BCMR).  At the BCMR, the board determined that the client should have remained on TDRL for two additional years and then be medically retired at 40% instead of being medically separated at 20% - which had been our argument since 2005.  After 6 difficult years, the disability case was won. 

Due to the medical and administrative issues involved in a MEB and/or PEB case, no further details about this case can be provided for privacy reasons.  While the outcome of this military disability case and FPEB appeal was successful, 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 information on other disability cases we’ve handled, please see:

For more information on other cases we’ve handled and the the military justice system, please see our website and other blog posts.

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.