Fee for Services at the Medical Evaluation Board, Physical Evaluation Board, Board for Correction of Military Records, Physical Disability Board of Review, and for suits in the United States Court of Federal Claims.
General Information about fees.
Fees are paid according to a written agreement for representation. Payment is accepted by check, money order, or by credit card (MasterCard or Visa). Discounts are offered for bundled services. The fees listed below are representative only, do not represent an offer, and may be adjusted if the case requires more or less work than usual. Please call or email Attorney Perry for any questions.
Medical Evaluation Board (MEB) consultation-
This service is ideal if you are early in the process and are unsure about the issues in your case. My fee includes full review of your case file and medical documents, advice on likely outcomes, recommendations on gathering evidence for maximum rating, and one hour of telephone consultations. My fee for MEB consultation is $1500.
Medical Evaluation Board Representation-
This service is provided for members who have had their case identified as requiring an MEB. In these cases, I will review your case file and medical documents, Narrative Summary, and MEB Record of Proceedings/coversheet. I will advise you as to whether the MEB adequately covers your medical conditions based on your records and your input, whether it is advisable to request an Impartial Medical Review, and will draft a rebuttal to your MEB, if necessary. My fee for representation before the MEB is $4000.
Physical Evaluation Board (PEB) Representation-
This service is ideal if you are referred to the PEB. (Note that should you retain my services early in the process, I will also provide all of the services included in the MEB Representation at no additional charge). I will review your case file and medical documents, give advice and assistance in gathering additional evidence for your case, and provide unlimited telephone or email consultations on your case. If appropriate, I will file a pre-hearing reconsideration request should the Informal PEB return a result that is less than favorable. If a formal hearing is necessary, I will meet with you prior to your hearing, review your testimony with you, and present your case to the formal PEB. Should you disagree with the Formal Physical Evaluation Board’s findings, I will draft a written appeal to the PEB approval authority. If neccessary, I will also file a VA Rating Reconsideration Request with the Department of Veterans Affairs Defense Rating Activity Site. I will also advise you on the legal issues that you may appeal to your Service’s Board for Correction of Military Records. My fee for representation before the Physical Evaluation Board is $9500. Should a rebuttal to the Formal PEB be necessary or a VA Rating Reconsideration Request be required, there is an additional fee for each of these appeals.
Board for Correction of Military Records (BCMR) and Physical Disability Board of Review (PDBR)-
In order to correct errors or injustices in Military Records it is neccesary to appeal to the Board for Correction of Military Records. In addition, the 2008 National Defense Authorization Act created the Physical Disabiltity Board of Review to address errors at the PEB for those members separated with less than a 30% rating. I can assist you with representation at either of these boards.
Representation at these boards includes review of your file, analysis of case law, identification of legal errors, preparation and filing of your appeal and filing of request to the Board under the Privacy Act, Freedom of Information Act and Administrative Procedures Act for documents submitted by the government to your Board. After reviewing the government’s submissions and/or any advisory opinions, I will submit a rebuttal statement on your behalf. My fee for these services are $10,000. I offer a bundled services rate for those who contract for PEB and BCMR/PDBR services together and a discount rate for those clients I have represented at the PEB.
Suits against the United States in the US Court of Federal Claims-
Should you have an adverse outcome from the PEB and/or the BCMR/PDBR for disability severance or retirement claims there is an additional avenue of appeal available by filing suit against the United States in the Court of Federal Claims. This avenue is also available if you have been denied money compensation by virtue of having been wrongfully discharged, denied Incapacitation Pay, or any other action that denied you monies due to you. The Court of Claims jurisdiction is limited to money claims against the United States in excess of $10,000. Also note that there is a six year statute of limitations for filing claims before the Court (the statute of limitations is not tolled by filing adminstrative appeals before the BCMR/PDBR or other administrative review bodies). In some cases, it is possible for substantially prevailing parties to be awarded attorney's fees under the Equal Access to Justice Act. The fees for representation before the Court of Federal Claims vary based on the complexity of the case and the nature of the issues. Normally, fees range between $22,000 and $27,500. In some cases, contingency fee or mixed flat and contingency fee arrangements are possible.
Hourly rate for miscellaneous services
Do you have issues that do not fall into any of the above categories of services? Have a letter to the MEB or PEB that you would like drafted or reviewed? Are you confused about a VASRD code, what evidence you need for a combat-related finding, or need help understanding your line of duty investigation? You may prefer to contract for an hourly rate for services. The standard fee is $275 per hour. If I have to draft documents, the fee is $300 per hour. A minimum of a half hour will be billed under any such fee arrangement. Consultations by phone or via instant messaging programs are available.
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