IDES Process Our primary mission is to represent Soldiers in the MEB /PEB process. We do not represent family members unless they have already obtained guardianship/POA. We will give them basic LA forms to save them a trip but we don’t want to create conflicts. We do not do family law and or assist in FLIPL, GOMAR, etc. A big part of our job is educating key players in the process because if those players know the rules it helps to ensure due process for our Soldiers. Why is it important for you to know about the IDES? 1. There is a lot of bad information out there. The process that a soldier with disability went through 2 years ago is not the same as today’s process. You can be the first line of defense against bad information 2. There are more resources for Guard in the process out there- I don’t expect you to be an expert on the entire process, but want you to walk away knowing who can help your clients and where you can go for additional information. 3. There are a lot of complications faced by Guardman. By having an awareness of the issues/pitfalls that can happen you and your clients can be proactive in avoiding and preventing I am not going to give you all of the details of every step of this process. Even if I did, this process is often changing and some of those details may change. There was a DTM (directive type Memorandum) issued in December 2011 that provides guidance. An associated OPORD was just issued this month. There are over 50 different regulations, memos, process guides, and authorities governing the IDES process. Instead, we are going to spend our presentation time giving an overview of the process and discussing issues that your folks, National Guard Soldiers specifically, tend to run into. The top portion of this chart depicts the Legacy DES process wherein an individual completes the DoD disability process prior to engaging with the VA. The average case under the Legacy DES takes 540 days from referral for a Veteran who was discharged for disability to receive their VA benefits decision. The IDES eliminates duplicative disability examinations and ratings. Once a DoD physician refers a Service member into the disability system, DoD and VA case workers counsel the Service member and help them complete a disability claim and complete disability exams. A board of DoD physicians then determines whether the Service member meets medical retention standards. If the member does not meet medical retention standards established by their Service, the case is sent to the Military Department’s Physical Evaluation Board. An Informal Physical Evaluation Board then reviews the case and determines fitness for duty. If the Service member is not fit for duty, the VA Disability Rating Activity Site (DRAS) determines disability ratings. The Service member may request that a Formal Physical Evaluation Board re-evaluate their fitness or for the VA to reconsider their ratings for unfitting conditions. The Service member may also appeal the findings of the Formal Board to the Military Secretary. When the Military Secretary establishes a final disposition, the Service member either returns to duty or transitions to Veteran status. One of the primary advantages of the IDES for Service members is that the early involvement of the VA enables them to provide the new Veteran disability compensation about one month after discharge. The timelines at the bottom of the chart identify the IDES goals for average process durations. Reservists are provided more time in the Medical Evaluation Board phase to consolidate the entire medical record. For Reservists the IDES process ends when the Service member is released from active duty, whereas the Active Component timeline incorporates transition and VA benefits periods, accounting for the time necessary for the Service member to prepare for re-entry to civilian status and for the VA to receive proof of Veteran status (DD Form 214) and initiate delivery of disability compensation and benefits. Service members are referred within 1 year of being diagnosed with a medical condition that does not appear to meet medical retention standards. MRDP

Dispositions and Election Options Agree Disagree and Submit a Rebuttal, Request an Independent Provider review MEB : Meets retention standards or fails retention IAW AR 40-501 If one or more conditions fail retention than Soldier’s case will go to PEB MEB forward to IPEB IPEB determines whether each condition if Fitting or Unfitting, 10 A/C, and EPTS IAW AR 635-40 and DoDI 1332.38 Fit RTD Soldier can request PEB if nonconcur Unfit Request DVA Rating PEB adopts VA rating for Unfitting Conditions: Permanent Disability Retirement: 30% or more or 20 years Active Fed Service, condition stable Temporary Disability Retirement: 30% or more or 20 years and not permanent or stable condition Separate with Severance Pay: 0, 10, or 20% payment of 2(base)(years service). If occurred in combat zone receive enhanced severance Separate without Entitlement to Benefits : EPTS -Soldier can concur with both DVA rating and PEB -Elect Formal hearing on Fit/Unfit Submit one written reconsideration of DVA rating for unfit conditions (NOTE :no hearing on ratings.) SOLDIER MAY ALSO SUBMIT A REQUEST FOR COAD /COAR IF UNFIT This is not a complete slide but gives a basic idea of the different dispositions and election options available to Soldiers while they are going through this process. All of the red print represents services that the Soldier really should be working with an attorney on. However, lots of items that frequently require appeal/rebuttal can be avoided if the Soldier has consulted early on with counsel. If a Soldier requests an IPR then their decision to agree or disagree is delayed until after the completion of the Independent Provider Review. The Independent provider is not independent of the Army, nor is it a new exam. It is a review of the medical record and opinion. Contact the Reserve Component Soldier’s MEB counsel BEFORE signing for review of MEB and assistance preparing rebuttal or IPR if desired. After the IPR or if the Soldier did not request the IPR, then the Soldier can submit a rebuttal. Typically, the Soldier is rebutting something like whether another condition is severe enough to fail retention standards or they are submitting additional evidence. Changes can be made but even if they are not, the rebuttal goes forward to the IPEB as part of the MEB packet. If RC with 20 qualifying years and SWSP the Soldier has election under 10 USC 1209 to accept or to transfer to inactive status- army transfers to retired reserve AF to inactive status list. The election is irrevocable USPDA publishes orders for RC not on AD IF VA rating increased and would have affected retirement can appeal to ABCMR Post Separation Appeals

Reserve Component Soldier’s MEB Counsel Ms. Kimberly Howard: Paralegal (706) 787 2476 CPT James Boaz (706) 787 2442 LTC Paul Elkin (706) 787 1100 Presented by: Katherine Ingram Soldiers’ Medical Evaluation Board Counsel Fort Stewart, Georgia 912-435-9807/435-9734 Katherine.ingram@us.army.mil