I am subject to a DES case and need unflinching, uncompromised representation!
The military disability evaluation system (DES) is an unnecessarily complex process established by Congress in 2008 after the military service branches were inappropriately under-rating service members with disabilities to avoid paying them a medical retirement. A recent opinion out of the Court of Federal Claims described the DES as “…there is nothing amusing about this system’s complexity. Indeed, describing the DES as byzantine is an understatement that may be unkind even to that ancient empire.”
Under governing law and DoD regulatory guidance, the military service is required to provide free counsel to represent you through the DES. Not all representation is equal. By retaining The Veteran’s Advocate to represent you through this complex process, you will receive independent, zealous, expert representation from start to finish.
Are you a Guard or Reserve member? Do you have an In the Line of Duty (ILOD) finding for your potentially unfitting condition(s)? Were you denied an LOD determination? The complexities of the DES are even more challenging for Guard and Reserve members because of the relationship between the DES and LODs. By hiring The Veteran’s Advocate, you are ensuring that one of the nation’s best law firms with the necessary expertise will assist you throughout the process.
Read more on the LOD and DES challenges unique to reserve and guard members.
The Disability Evaluation System (DES)
Otherwise known as “Being MEB’d” is a multi-stage process that includes an actual Medical Evaluation Board (MEB). To be referred into the DES, you must have one or more potentially unfitting medical conditions that prevent you from doing one of two main things. (1) Perform the primary duties of your career field; and/or (2) meeting mobility standards. With few exceptions, referral into the DES should occur within one year of diagnosis. Once referred, the process consists of four to six stages of processing, depending on the case: (1) The MEB; (2) The IPEB; (3) The FPEB; (4) the FPEB Appeal; (5) The VARR; and/or (6) Permanent Limited Duty Status Request.
Integrated Disability Evaluation System (IDES) or Legacy Disability Evaluation System (LDES)
Electing either the IDES or LDES will be the first decision you will have to make when you are referred into the DES (unless you are forced into the “non-duty related DES”).
Integrated Disability Evaluation System (IDES)
(IDES) works in conjunction with the Department of Veteran Affairs (VA) to evaluate and rate all of your service-connected conditions, including DoD unfitting conditions. If you are separated or retired from the military as a result of the DES through the IDES, you will walk away with your overall VA rating as well as your DoD specific rating. The military will be required to adopt the VA issued ratings for your DoD unfitting conditions. This process takes approximately 6 months from referral into the DES to completion of VA exams and the MEB.
Legacy Disability Evaluation System (LDES)
(LDES) is a much faster process because the VA is not involved. However, in place of the VA conducting examinations and applying their ratings that the military must adopt, under the LDES, the Physical Evaluation Board (PEB) determines what ratings it believes are appropriate for the DoD unfitting conditions. You will also have to file independently with the VA for any additional conditions for which you wish to receive VA disability compensation after you get out of the military. Historically, the military services underrate unfitting conditions—which is why the IDES exists in the first place. If you opt for the LDES, the MEB will typically happen within a few weeks.
Medical Evaluation Board (MEB)
The MEB is a minimum two-person board, with at least one member being a physician (for mental health cases, a mental health provider must be present on the Board). The MEB will conduct a review of your medical record and determine if you have one or more potentially unfitting medical conditions that prevent you from continued service. The MEB can recommend continued processing in the DES--forwarding the case to the IPEB, or the MEB can return you to duty.
Impartial Medical Review (IMR)
After receiving their MEB results, you have the right to request an Impartial Medical Review and/or submit a Letter of Rebuttal to the MEB and/or IMR results. An IMR request is handled by an impartial medical provider who addresses any concerns raised and provides a written response to you.
Informal Physical Evaluation Board (IPEB)
The IPEB is the first stop that results in a potential official outcome of the DES case. The IPEB is a two-person board, with at least one member who is a medical provider (no specialty expertise is required). The IPEB will review the paper casefile and make a determination on the following items: (a) whether the referred condition(s) are unfitting; (b) if there are any additional conditions that should be added as unfitting conditions; (c) if the condition(s) are stable or unstable; (d) if the condition(s) are a result of combat (“combat-related”); and (e) what rating the condition(s) should be given. The outcome of the IPEB may include, Return to Duty, Return Without Action (more info needed), Permanent Medical Retirement (PDRL), or Temporary Medical Retirement (TDRL). If you are unhappy with the results of the IPEB, you may appeal to the FPEB.
Formal Physical Evaluation Board (FPEB)
The FPEB includes an “in-person” hearing in front of a three-member panel, which must include one medical provider (no specialty expertise is required). The hearings may be physically in-person, over Zoom, or over the phone. You can request the following at the FPEB: (a) Return to Duty; (b) to add unfitting condition(s); (c) to increase ratings (LDES only); (d) to combat-relate a condition(s); or (e) to be permanently retired instead of temporarily retired. The outcome of the FPEB, like the IPEB, may be appealed if you disagree with it.
FPEB Appeal
This is a relatively new process as a result of the 2022 NDAA. Each service branch handles the FPEB appeal differently, so the procedures are different depending on if you serve in the Army, Navy/Marines, Air Force/Space Force, or Coast Guard. A hearing at the appellate level is authorized if you request it. The FPEB Appeal authority may overturn the decision by the FPEB.
VA Rating Reconsideration (VARR) (IDES ONLY)
The one-time VA Rating Reconsideration is an option after the case has been finalized by the PEB or FPEB Appeal. You are authorized an appeal to the VA to increase the ratings for the DoD unfitting condition(s).
Permanent Limited Duty Status
This process is significantly different (and called different things) depending on your service branch. Permanent Limited Duty Status allows you to continue serving with an unfitting condition if you meet service specific criteria that generally include a specific time of service already served (Army and Air Force require a minimum of 15 years), a stable condition (i.e., not placed on the TDRL), and/or provide a special skillset to the service (e.g., a critically manned career field).
Initial Review In Lieu Of (IRILO) Process
The Air Force has created the Initial Review In Lieu Of (IRILO) process as a “pre-DES” screen. There is no statutory authority for this process. The process is designed to return you to duty faster; however, it does not afford you any ability to appeal the outcome of the process. If you have been returned to duty by the Air Force through the IRILO process, but believe you have an unfitting medical condition and should be referred into the DES—contact us! Even without “formal appeal rights,” we have been successful in overcoming IRILO “return to duty” finding and getting our clients into the DES, where their cases should rightfully be processed.
Non-Duty Related Disability Evaluation System
This DES is for Reserve Component members who have been found not in the line of duty (NILOD) for their unfitting condition(s) or the record does not reflect an ILOD finding for a potentially unfitting medical condition. The Non-Duty Related DES does not include an MEB but goes directly to the IPEB for review and decision. Each service branch handles this DES process differently, to include the possibility of appealing the NILOD finding. The Non-Duty Related DES is not authorized by statute and is, arguably, not a legal process. We are currently involved in several challenges to this process created by the service departments.
I am a military member subject to medical review (MEB/PEB/IDES) and need an uncompromised zealous advocate to unflinchingly and expertly represent my interests!
