Soldiers prepare to depart for a mission at Hunter Army Airfield, Ga., Jan. 25, 2025. (Dustin Stark/U.S. Army)
ABOUT THE AUTHOR: Heather Tenney is a partner in Tully Rinckey PLLC’s military law, federal employment and national security law practice groups, and currently serves as the primary attorney for consultation in these areas. She brought her skills as an advocate and negotiator to Tully Rinckey after serving with the U.S. Army’s JAG Corps.
I’m an active-duty soldier in the Army going through disability retirement. Does the Army’s recent policy update mean that I can only meet with an Office of Soldiers’ Counsel lawyer once? Can I do anything to make sure I get the most out of my meeting with OSC?
This policy update came May 27, when the Army notified Judge Advocate Legal Services personnel that the Office of Soldiers’ Counsel (OSC) would be scaling back the legal services it provides to those facing the Army Disability Evaluation System. Free legal assistance will no longer be available for:
- Non-active-duty Army Reserve and Army National Guard (including those with active-duty orders less than 30 days)
- Service members on the Temporary Disabled Retired List
As an active-duty soldier, OSC will continue providing you with limited legal help, but only after the Informal Physical Evaluation Board (IPEB). And after you receive an IPEB determination, your free legal services will be limited to a single consultation with OSC.
I don’t know where you are in the process. An attorney can do the most good well before the IPEB stage. One consultation that late in the process may not be enough in complex or contested cases, especially if the assigned attorney lacks retirement board experience.
Getting the most out of your OSC retirement board consultation
Making sure you arrive at your meeting with OSC as prepared as possible is a very wise move.
- Assess your goals: You’ve likely already thought long and hard about your future and your career prospects. But it helps to be prepared to discuss your best-case scenario and how realistic it may be.
- Assemble your documentation: Gather any Medical Evaluation Board documentation, your Narrative Summary (NARSUM), relevant medical records, commander’s statement, line-of-duty findings, proposed ratings, etc.
- Organize your case: Perfect information is only useful if you can find it. Organization will help you make the most of your time. Establish a clear timeline of events and connect any supporting evidence to that timeline. For example, if you incurred an eye injury at a particular time and have a medical report from that same period, make that connection clear. Connect the dots as best you can into a cohesive narrative.
What you should leave your OSC consult with
These are big asks for one consultation, but this is the level of information you should be aiming for:
- A vision for a compelling case: A clear, cohesive narrative supported by evidence is critical to securing your preferred outcome. A good attorney should be able to clock any gaps in the narrative you brought to the table and guide you toward filling those gaps in a convincing way.
- Understanding your options: You should leave your consultation aware of the possible outcomes, and the consequences for any decisions you might make from this point forward. Clarify whether there are any items that require action on your part, or information that should be raised lest you compromise your case down the line.
- What may still need review: Realistically, the OSC will not be able to cover everything that needs covering. Get clarity on any points that still need addressing, and next steps for addressing them. Aim to leave your meeting equipped to handle errors or complications before they progress further. They will only become harder and harder to correct.
- Recommendations for next steps: The OSC attorney may recommend private counsel if your case is complex, or if key evidence was missing or incorrect at an earlier stage. If hiring a civilian lawyer is advised, you must move quickly. Your attorney can try to secure an extension and give you some more time, but there are no guarantees.
Get additional legal help if you can
Not everyone going through the disability board process strictly needs legal counsel. Straightforward cases with no contested facts, no issues with the disability rating assigned, and no administrative errors or delays may be fine with just one or even no consults.
But retirement boards can get complicated — even by lawyer standards. Not all lawyers understand disability boards or have experience reviewing military medical records. Even military law attorneys without Army Disability Evaluation System experience are unlikely to know whether your NARSUM covers all of the secondary conditions that might impact your rating. There are attorneys who routinely handle these cases, however.
Service members who can afford to hire private counsel are advised to do so ASAP. For those who cannot, pro bono services are available, but are likely in even higher demand than usual. The American Bar Association, and state or local Bar Associations should connect you with an attorney willing to help. Note that some may require a referral from a JAG.
This article is for informational purposes only. Its content is not intended to constitute endorsement or legal advice, nor does it establish a client-lawyer relationship with Tully Rinckey PLLC or any of its affiliates.
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