Cases & Deals

Navy/Marine Physical Evaluation Board changes Marine's disability rating

Client(s) Client B

At Jones Day's request, the Navy/Marine Physical Evaluation Board changed our client's disability from a 0% rating to 70%, and delayed dismissal from the Marine Corps until his condition stabilizes. Jones Day's client was diagnosed with an autoimmune disorder. The Physical Evaluation Board, comprised of two Marine officers and a Navy Medical Officer, initially assigned our client a disability rating of 70% and placed him on the Temporary Disability Retirement List ("TDRL"). Service members are placed on TDRL when their condition is not yet stable. TDRL requires re-evaluation every 18 months until the disease stabilizes and Board can make a final disability determination. When the Board re-evaluated our Marine, it found that his disease had stabilized, assigned him a disability rating of 0%, and ordered him separated from the Marine Corps. Miguel Eaton handled the appeal. On appeal Miguel argued, based on additional medical evidence and clarification of evidence already in the record, that our client's disease was not yet stable. Accordingly, he requested that the Board re-assign our client to TDRL at 70% disabled. The Board agreed.