Tag: VA Disability

Securing Medical Retirement: Navigating MEB, Disability Ratings, and the Fight for Full Benefits

Posted on by Becky Haugen

When a service member or federal employee is forced to medically retire, the battle is often just beginning. What should be a medically supported transition can quickly turn into an administrative nightmare—especially when the disability rating assigned by the Medical Evaluation Board (MEB) or Physical Evaluation Board (PEB) doesn’t reflect the full extent of their service-connected conditions.

The 30% and 50% Thresholds: More Than Just Numbers

For military personnel, a disability rating below 30% at separation can mean being cut off from full military retirement and healthcare benefits—even while the Department of Veterans Affairs (VA) may assign a much higher rating for the same condition.

Even more critically, those medically retiring after 20 years of service need a minimum VA disability rating of 50% to receive Concurrent Retirement and Disability Pay (CRDP)—the ability to collect both retirement and disability benefits in full. Anything less results in an offset that significantly reduces long-term financial security.

“For service members approaching medical retirement, achieving a 50% VA rating is absolutely crucial if they want to access concurrent retirement and disability benefits,” says Annie Morgan, Senior Military Defense Counsel at the Law Offices of David P. Sheldon. “That rating threshold can mean the difference between a full pension and a lifetime of lost entitlements.”

Morgan emphasizes the importance of including all physical and mental health conditions in one’s VA claim, along with detailed, service-connected documentation and the use of specific language that aligns with VA criteria.

The Fallout of an Inaccurate Rating

Too often, service members are rushed out of service with a DOD disability rating that doesn’t align with the medical evidence or the VA’s later determination. A recent Stars and Stripes report revealed widespread inconsistencies in how the Department of Defense and the VA assign disability ratings, particularly for combat-wounded veterans:

“A review of cases by The Associated Press found that some combat-injured troops received low DOD ratings despite severe conditions later rated at 70% or higher by the VA.”

— Stars and Stripes, March 21, 2025
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These discrepancies leave veterans without the retirement they earned and push them into lengthy appeals or corrections through the Board for Correction of Military Records (BCMR).

Legal Support Can Make the Difference

This is where the Law Offices of David P. Sheldon can make a critical difference. As one of the nation’s premier military defense and administrative law firms, the firm has extensive experience representing service members and federal employees at every stage of the medical retirement process.

Whether you’re:

  • Challenging a low disability rating from the MEB or PEB
  • Filing a VA disability appeal to maximize your rating
  • Requesting a correction through the BCMR to secure retirement pay retroactively
  • Protecting your security clearance while undergoing medical retirement
  • Or seeking medical retirement as a federal civilian employee

The Law Offices of David P. Sheldon brings decades of experience to your side. The firm has secured life-changing results for clients who were improperly separated or mis-rated, restoring retirement benefits, back pay, and dignity.

Steps You Can Take Right Now

  1. Document Every Condition. Make sure all medical issues—especially mental health—are recorded in your military or federal medical file.
  2. File a Detailed VA Claim. Include every diagnosis, symptom, and its impact on your ability to work or perform daily tasks. Use specific language tied to VA rating criteria.
  3. Don’t Rush Retirement. If you’re close to hitting 20 years, make every effort to reach that threshold. It significantly changes your eligibility for benefits.
  4. Push Back Against Low Ratings. Appeal decisions from both the VA and the DOD if they do not reflect your medical reality. You have legal rights to challenge those outcomes.
  5. Seek Experienced Legal Counsel. Navigating the MEB, VA system, and BCMR is incredibly complex—having a team that specializes in these areas can maximize your outcome.

Final Thoughts

Medical retirement is more than a paperwork process—it’s the final chapter in your military or federal career, and it deserves the full weight of accuracy, fairness, and advocacy. If your service has come at the cost of your health, don’t settle for less than the benefits you earned. Get the right support, fight for the correct rating, and ensure your retirement reflects your sacrifice.

Key Resources

  • VA Disability Compensation Overview
  • Concurrent Retirement and Disability Pay (CRDP)
  • DoD Disability Evaluation System (DES) Guide
  • Board for Correction of Military Records (BCMR) Process

📎 Learn more: https://www.militarydefense.com
📞 Schedule a consultation: 202-546-9575

Disclaimer:

The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Law Offices of David P. Sheldon filed a motion for summary judgment in Nealy v. Braithwaite, in the District Court for the District of Columbia.

Posted on by Becky Haugen

Press Release: Nealy v. Braithwaite

Law Offices of David P. Sheldon PLLC

100 M St SE, Suite 600

Washington, DC 20003

(202) 546 9575

www.militarydefense.com

Read the filing here.

The Law Offices of David P. Sheldon Move for Summary Judgment on Behalf of Disabled Special Forces Veteran

On December 29, 2021, the Law Offices of David P. Sheldon filed a motion for summary judgment in Nealy v. Braithwaite, in the District Court for the District of Columbia. Navy First Class Petty Officer Sean Nealy was a sensor technician and operator, maintaining and operating optic and communication tools in electronic warfare planes supporting special forces operations all around the world. This included coordinating and directing air strikes in support of American operations, including both in Afghanistan and Iraq, among other locations. This was not remote work either, Mr. Nealy did so while over the battlefield, often at low altitudes and while facing hostile anti-aircraft fire.

In 2006 Mr. Nealy coordinated an airstrike which led to the deaths of 180 enemy combatants in Afghanistan. Following this strike, which was but the first day in a week where he would coordinate strikes which would kill 360 enemy combatants, Mr. Nealy began suffering from psychological wounds. Upon return from deployment, he began showing strong symptoms of PTSD and reported his symptoms to Navy medical personnel, resulting in a diagnosis of acute PTSD. His psychological wounds would prove to be so severe as to result in his honorable separation from the Navy on disability grounds in 2008.

However, Mr. Nealy’s service was denigrated by the Physical Evaluation Board, who saw him merely as a conscientious observer and someone who hadn’t participated in “real” combat. Though separating him from the Navy under honorable conditions, they denied him the disability retirement he was due under statute and labeled his psychological wounds “non-combat related.” In 2017 Physical Disability Board for Review doubled down on the PEB’s denigration of Mr. Nealy’s honorable service and upheld these findings. In addition, the PDBR also repeatedly violated its statutory requirements by ignoring the arguments raised by Mr. Nealy and failing to properly consider the Veterans Affairs Administration disability rating for him.

Now, Mr. Nealy is on the path to having this wrongful decision corrected and to being granted the disability retirement that he is due for the wounds he suffered while serving his county. The Firm has filed a motion for summary judgment on his behalf which will clear the PDBR’s wrongful decision and direct it to find that Mr. Nealy qualified for a disability retirement and that his wounds were combat related. Should the Firm succeed, it will also move for Mr. Nealy to be awarded the attorneys fees and expenses he was forced to endure in the process of correcting the military’s refusal to grant him what he had earned.

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