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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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AR 40-400 describes the qualifications for physicians to

Customer Question

AR 40-400 describes the qualifications for physicians to initiate an Medical Evaluation Board. What authority does a contracting civilian general physician have regarding the initiation of MEB's and why or why not?
Submitted: 9 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you.
Legally, a contracted civilian doctor with the military has all of the powers of a doctor who is a member of the Army. The Army cannot get in enough doctors they have to hire civilians. Legally you have to contradict his report to get it overturned to prove that the the report was erroneous, just like you would for any other doctor who was an officer in the Army or other military branch.
The argument he was a civilian doctor is not the valid legal argument. Also, the fact he is a general physician, there is no law saying a general doctor cannot practice internal medicine. So you again have to prove by actual medical records that his records and diagnosis at the time were incorrect and that is where you need to be directing your efforts to overturn his decision.

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