U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 79— CORRECTION OF MILITARY RECORDS

10 U.S.C. § 1554a

Review of separation with disability rating of 20 percent disabled or less

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(a)In General.—(1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the disability determinations of covered individuals by Physical Evaluation Boards. The board shall be known as the “Physical Disability Board of Review”.(2) The Physical Disability Board of Review shall consist of not less than three members appointed by the Secretary.(b)Covered Individuals.—For purposes of this section, covered individuals are members and former members of the armed forces who, during the period beginning on September 11, 2001, and ending on December 31, 2009—(1) are separated from the armed forces due to unfitness for duty due to a medical condition with a disability rating of 20 percent disabled or less; and(2) are found to be not eligible for retirement.(c)Review.—(1) Upon the request of a covered individual, or a surviving spouse, next of kin, or legal representative of a covered individual, the Physical Disability Board of Review shall review the findings and decisions of the Physical Evaluation Board with respect to such covered individual. Subject to paragraph (3), upon its own motion, the Physical Disability Board of Review may review the findings and decisions of the Physical Evaluation Board with respect to a covered individual.(2) The review by the Physical Disability Board of Review under paragraph (1) shall be based on the records of the armed force concerned and such other evidence as may be presented to the Physical Disability Board of Review. A witness may present evidence to the Board by affidavit or by any other means considered acceptable by the Secretary of Defense.(3) If the Physical Disability Board of Review proposes to review, upon its own motion, the findings and decisions of the Physical Evaluation Board with respect to a covered individual, the Physical Disability Board of Review shall notify the covered individual, or a surviving spouse, next of kin, or legal representative of the covered individual, of the proposed review and obtain the consent of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual before proceeding with the review.(4) With respect to any review by the Physical Disability Board of Review of the findings and decisions of the Physical Evaluation Board with respect to a covered individual, whether initiated at the request of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual or initiated by the Physical Disability Board of Review, the Physical Disability Board of Review shall notify the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual that, as a result of the request or consent, the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual may not seek relief from the Board for Correction of Military Records operated by the Secretary concerned.(d)Authorized Recommendations.—The Physical Disability Board of Review may, as a result of its findings under a review under subsection (c), recommend to the Secretary concerned the following (as applicable) with respect to a covered individual:(1) No recharacterization of the separation of such individual or modification of the disability rating previously assigned such individual.(2) The recharacterization of the separation of such individual to retirement for disability.(3) The modification of the disability rating previously assigned such individual by the Physical Evaluation Board concerned, which modified disability rating may not be a reduction of the disability rating previously assigned such individual by that Physical Evaluation Board.(4) The issuance of a new disability rating for such individual.(e)Correction of Military Records.—(1) The Secretary concerned may correct the military records of a covered individual in accordance with a recommendation made by the Physical Disability Board of Review under subsection (d). Any such correction may be made effective as of the effective date of the action taken on the report of the Physical Evaluation Board to which such recommendation relates.(2) In the case of a member previously separated pursuant to the findings and decision of a Physical Evaluation Board together with a lump-sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which such member would be entitled based on the member’s military record as corrected shall be reduced to take into account receipt of such lump-sum or other payment in such manner as the Secretary of Defense considers appropriate.(3) If the Physical Disability Board of Review makes a recommendation not to correct the military records of a covered individual, the action taken on the report of the Physical Evaluation Board to which such recommendation relates shall be treated as final as of the date of such action.(f) Regulations.—(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense.(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section.(3) The regulations under paragraph (1) shall specify the effect of a determination or pending determination of a Physical Evaluation Board on considerations by boards for correction of military records under section 1552 of this title.(g)Sunset.—(1) On or after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary of Defense may sunset the Physical Disability Board of Review under this section.(2) If the Secretary sunsets the Physical Disability Board of Review under paragraph (1), the Secretary shall transfer any remaining requests for review pending at that time, and shall assign any new requests for review under this section, to a board for the correction of military records operated by the Secretary concerned under section 1552 of this title.(3) Subsection (c)(4) shall not apply with respect to any review conducted by a board for the correction of military records under paragraph (2).(Added Pub. L. 110–181, div. A, title XVI, § 1643(a)(1), Jan. 28, 2008, 122 Stat. 465; amended Pub. L. 116–283, div. A, title V, § 522, Jan. 1, 2021, 134 Stat. 3597; Pub. L. 117–81, div. A, title X, § 1081(a)(20), Dec. 27, 2021, 135 Stat. 1920.)Editorial NotesReferences in Text

The date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 116–283, which was approved Jan. 1, 2021.

Amendments

2021—Subsec. (g). Pub. L. 116–283 added subsec. (g).

Subsec. (g)(2). Pub. L. 117–81 struck out second period at end.

Statutory Notes and Related SubsidiariesImplementation

Pub. L. 110–181, div. A, title XVI, § 1643(b), Jan. 28, 2008, 122 Stat. 467, provided that: “The Secretary of Defense shall establish the board of review required by section 1554a of title 10, United States Code (as added by subsection (a)), and prescribe the regulations required by such section, not later than 90 days after the date of the enactment of this Act [Jan. 28, 2008].”

Notes of Decisions
Cited in 26 cases (12 in the last 5 years), 2010–2026 · leading case: Jeun v. United States, 128 Fed. Cl. 203 (Fed. Cl. 2016).
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Jeun v. United States, 128 Fed. Cl. 203 (Fed. Cl. 2016). · cites it 2× “” 10 U.S.C § 1554a(a)(1) (2012). "The review by the Physical Disability Board of Review under paragraph (1) shall be based on the records of the armed force concerned and such other evidence as may be presented to the Physical Disability Board of Review.”
Chatman v. United States Dep't of Def., 270 F. Supp. 3d 184 (D.D.C. 2017). · cites it 8× “10 U.S.C. § 1554a; see generally Compl. [Dkt.”
Hatmaker v. United States, 127 Fed. Cl. 217 (Fed. Cl. 2016). · cites it 5× “See 10 U.S.C. § 1554a; see Cook v. United States, 123 Fed.”
Jason Sissel v. Christine Wormuth, 77 F.4th 941 (D.C. Cir. 2023). · cites it 5× “3 , 465–67 (codified at 10 U.S.C. § 1554a), to “address the disparities in the disability ratings issued by the military departments in the Department of Defense and the VA” during that period.”
Blair Coleman v. Frank Kendall, 74 F.4th 610 (4th Cir. 2023). · cites it 3× “430 , 465–67 (2008) (codified as amended at 10 U.S.C. § 1554a). The Board’s purpose was to retroactively review the fairness and accuracy of disability determinations made by military branches for members of the armed forces who were medically separated with a disability rating…”
Cook v. United States, 123 Fed. Cl. 277 (Fed. Cl. 2015). · cites it 6× “Chapter 61; Authority of the Physical Disability Board of Review Under 10 U.S.C. § 1554a; Army Acted Contrary to Law OPINION AND ORDER SWEENEY, Judge Plaintiff Ronald C.”
Martinez v. United States, 94 Fed. Cl. 176 (Fed. Cl. 2010). · cites it 2× “10 U.S.C. § 1554a(b). Congress created the PDBR in response to a report by a Department of Defense (“DOD") independent review group, which examined conditions at Walter Reed Army Medical Center and National Naval Medical Center.”
Stine v. United States, 92 Fed. Cl. 776 (Fed. Cl. 2010). “10 U.S.C. § 1554a(b), (d). The PDBR was created in response to a report by a Department of Defense independent review group, which examined conditions at Walter Reed Army Medical Center and National Naval Medical Center.”
Sabo v. United States, 127 Fed. Cl. 606 (Fed. Cl. 2016). “at 465-67 (codified at 10 U.S.C. § 1554a). On October 14,- 2008, the Department of Defense issued a policy memorandum regarding implementation of the Wounded Warrior Act.”
Hatmaker v. United States, 117 Fed. Cl. 560 (Fed. Cl. 2014). “See 10 U.S.C. § 1554a (2012); DoDI 6040.44 ¶ 4.”
Adams v. United States, 117 Fed. Cl. 628 (Fed. Cl. 2014). “The Wounded Warrior Act, in the next section, section 1643 (codified at 10 U.S.C. § 1554a), established the PDBR.”
Silbaugh v. United States, 107 Fed. Cl. 143 (Fed. Cl. 2012). “*147 The DoD established the PDBR in 2008, see 10 U.S.C. § 1554a (Supp. II 2008), to “reassess the accuracy and fairness of the combined disability ratings assigned [s]ervice members who were discharged as unfit for continued military service by the Military Departments with a…”
Show all 26 citing cases →
10 U.S.C. § 1554a(a): 6 cases
Cook v. United States, 123 Fed. Cl. 277 (Fed. Cl. 2015). “Chapter 61; Authority of the Physical Disability Board of Review Under 10 U.S.C. § 1554a; Army Acted Contrary to Law OPINION AND ORDER SWEENEY, Judge Plaintiff Ronald C.”
Brass v. United States, 120 Fed. Cl. 157 (Fed. Cl. 2015).
Brass v. United States, 127 Fed. Cl. 505 (Fed. Cl. 2016).
Quesada v. United States, No. 17-1088 (Fed. Cl. Mar. 20, 2018).
Thompson v. Austin, No. 8:23-cv-02458, 2024 WL 4215726 (D. Md. Sept. 17, 2024).
10 U.S.C. § 1554a(a)(1): 1 case
Jeun v. United States, 128 Fed. Cl. 203 (Fed. Cl. 2016). “” 10 U.S.C § 1554a(a)(1) (2012). "The review by the Physical Disability Board of Review under paragraph (1) shall be based on the records of the armed force concerned and such other evidence as may be presented to the Physical Disability Board of Review.”
10 U.S.C. § 1554a(a)(2): 1 case
Hall v. Dep't of Def., 117 M.S.P.R. 687 (D.D.C. 2021).
10 U.S.C. § 1554a(a)(l): 1 case
Cook v. United States, 123 Fed. Cl. 277 (Fed. Cl. 2015). “Chapter 61; Authority of the Physical Disability Board of Review Under 10 U.S.C. § 1554a; Army Acted Contrary to Law OPINION AND ORDER SWEENEY, Judge Plaintiff Ronald C.”
10 U.S.C. § 1554a(b): 7 cases
Martinez v. United States, 94 Fed. Cl. 176 (Fed. Cl. 2010). “10 U.S.C. § 1554a(b). Congress created the PDBR in response to a report by a Department of Defense (“DOD") independent review group, which examined conditions at Walter Reed Army Medical Center and National Naval Medical Center.”
Stine v. United States, 92 Fed. Cl. 776 (Fed. Cl. 2010). “10 U.S.C. § 1554a(b), (d). The PDBR was created in response to a report by a Department of Defense independent review group, which examined conditions at Walter Reed Army Medical Center and National Naval Medical Center.”
Hatmaker v. United States, 127 Fed. Cl. 217 (Fed. Cl. 2016). “See 10 U.S.C. § 1554a; see Cook v. United States, 123 Fed.”
Jason Sissel v. Christine Wormuth, 77 F.4th 941 (D.C. Cir. 2023). “3 , 465–67 (codified at 10 U.S.C. § 1554a), to “address the disparities in the disability ratings issued by the military departments in the Department of Defense and the VA” during that period.”
Chatman v. United States Dep't of Def., 270 F. Supp. 3d 184 (D.D.C. 2017). “10 U.S.C. § 1554a; see generally Compl. [Dkt.”
10 U.S.C. § 1554a(b)(1): 1 case
Chatman v. United States Dep't of Def., 270 F. Supp. 3d 184 (D.D.C. 2017). “10 U.S.C. § 1554a; see generally Compl. [Dkt.”
10 U.S.C. § 1554a(c): 2 cases
Blair Coleman v. Frank Kendall, 74 F.4th 610 (4th Cir. 2023). “430 , 465–67 (2008) (codified as amended at 10 U.S.C. § 1554a). The Board’s purpose was to retroactively review the fairness and accuracy of disability determinations made by military branches for members of the armed forces who were medically separated with a disability rating…”
Smith v. United States, No. 21-1072 (Fed. Cl. Mar. 15, 2022).
10 U.S.C. § 1554a(c)(1): 1 case
Thompson v. Austin, No. 8:23-cv-02458, 2024 WL 4215726 (D. Md. Sept. 17, 2024).
10 U.S.C. § 1554a(c)(2): 3 cases
Jeun v. United States, 128 Fed. Cl. 203 (Fed. Cl. 2016). “” 10 U.S.C § 1554a(a)(1) (2012). "The review by the Physical Disability Board of Review under paragraph (1) shall be based on the records of the armed force concerned and such other evidence as may be presented to the Physical Disability Board of Review.”
Blair Coleman v. Frank Kendall, 74 F.4th 610 (4th Cir. 2023). “430 , 465–67 (2008) (codified as amended at 10 U.S.C. § 1554a). The Board’s purpose was to retroactively review the fairness and accuracy of disability determinations made by military branches for members of the armed forces who were medically separated with a disability rating…”
Hatmaker v. United States, 127 Fed. Cl. 217 (Fed. Cl. 2016). “See 10 U.S.C. § 1554a; see Cook v. United States, 123 Fed.”
10 U.S.C. § 1554a(c)(4): 1 case
Hatmaker v. United States, 127 Fed. Cl. 217 (Fed. Cl. 2016). “See 10 U.S.C. § 1554a; see Cook v. United States, 123 Fed.”
10 U.S.C. § 1554a(d): 4 cases
Hatmaker v. United States, 127 Fed. Cl. 217 (Fed. Cl. 2016). “See 10 U.S.C. § 1554a; see Cook v. United States, 123 Fed.”
Jason Sissel v. Christine Wormuth, 77 F.4th 941 (D.C. Cir. 2023). “3 , 465–67 (codified at 10 U.S.C. § 1554a), to “address the disparities in the disability ratings issued by the military departments in the Department of Defense and the VA” during that period.”
U-Ahk-Vroman-Sanchez v. United States Dep't of Def., No. 2019-3141, 2021 WL 394811 (D.D.C. Feb. 4, 2021).
White v. Mattis, No. 2018-2867, 2019 WL 6728448 (D.D.C. Dec. 11, 2019).
10 U.S.C. § 1554a(d)(1): 3 cases
Jason Sissel v. Christine Wormuth, 77 F.4th 941 (D.C. Cir. 2023). “3 , 465–67 (codified at 10 U.S.C. § 1554a), to “address the disparities in the disability ratings issued by the military departments in the Department of Defense and the VA” during that period.”
Thompson v. Austin, No. 8:23-cv-02458, 2024 WL 4215726 (D. Md. Sept. 17, 2024).
Trzop v. Vets. Admin., No. 3:23-cv-00589 (W.D. Ky. Feb. 11, 2025).
10 U.S.C. § 1554a(d)(3): 1 case
Cook v. United States, 123 Fed. Cl. 277 (Fed. Cl. 2015). “Chapter 61; Authority of the Physical Disability Board of Review Under 10 U.S.C. § 1554a; Army Acted Contrary to Law OPINION AND ORDER SWEENEY, Judge Plaintiff Ronald C.”
10 U.S.C. § 1554a(e)(3): 2 cases
White v. Mattis, No. 2018-2867, 2019 WL 6728448 (D.D.C. Dec. 11, 2019).
Smith v. United States, No. 21-1072 (Fed. Cl. Mar. 15, 2022).
10 U.S.C. § 1554a(e)(l): 1 case
Cook v. United States, 123 Fed. Cl. 277 (Fed. Cl. 2015). “Chapter 61; Authority of the Physical Disability Board of Review Under 10 U.S.C. § 1554a; Army Acted Contrary to Law OPINION AND ORDER SWEENEY, Judge Plaintiff Ronald C.”
10 U.S.C. § 1554a(g)(2): 1 case
Smith v. United States, No. 21-1072 (Fed. Cl. Mar. 15, 2022).
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