Understanding the IDES Findings - United States Marine Corps

Report
2013
Understanding the Findings of the
Integrated Disability Evaluation System
WWR PEB Liaison
Mr. Dean Trio
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Terminal Learning Objectives
2
As an RCC help Marines and
families…
Prevent
Delays
Reduce
Frustration
Achieve the
Best
Possible
Outcome

Prepare the Marine for his meeting with the PEBLO so he can easily
absorb the information presented

Provide basic factual information about IDES and ensure the
Marine understands the terminology

Educate the Marine on the implications of the various IDES
dispositions as well as the VA and DoD ratings.
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Enabling Learning Objectives
3
 Identify the significance of the information presented to the
Marine in the Findings of the Physical Evaluation Board
Proceedings
• Findings section (Finding, Disposition, Disability Rating)
• Diagnoses and Rating (Categories, Ratings, Combat Codes)
• Additional Findings
 Identify the significance of the information presented to the
Marine in the VA Decision Letter
•
•
•
•
•
Service-connectedness
Rating
Future routine exams
List of Evidence
Reason a higher rating was not proposed
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Enabling Learning Objectives (2)
4
 Identify the options presented to a Marine who is found
unfit
 Discuss the ramification of accepting unconditionally if the
Marine is recommended for:
• TDRL
• PDRL
• Separation with Benefits
 Recognize the appropriate way to contest each type of
determination:
• Finding of Fit / Unfit for any condition
• Rating assigned to any condition
• Combat Code assigned to any condition
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Rules of the Road
5
Prepare the Marine for what to expect when the PEBLO counsels
him on his preliminary findings
 Encourage the Marine to consult an IDES attorney before accepting
the findings
 Discuss PLD with the Marine before his findings are presented


Help the Marine understand the options available to him for
contesting various findings by the VA and the PEB

Agree or disagree if a Marine expresses that he has been “screwed
by the system”
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Findings of the Physical
Evaluation Board Proceedings
6
DEPARTMENT OF DEFENSE
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7
INFORMAL
Date Printed
DD MMM YYYY
When the PEBLO
presents the proposed
findings to the Marine,
the PEBLO presents the
Marine with the form
pictured here.
1. Name
SUNLEY, Neil S
Ref# xxxxxxxxxxx
Findings of the Physical Evaluation Board Proceedings
2. SSN
xxx-xx-xxxx
PERSONNEL DATA
3. Rate/Rank 4. Service
CPL
USMC
5. MOS
3043
Page 1
6. LOS
X yrs. Y mos.
PHYSICAL EVALUATION BOARD
7. The Board convened at: NCPB, Washington DC, dd mmm yyyy to consider the MedBoard originated at:
City, State
Board Membership Consisted of:
Va-DRO, USN, Officer
Va-DRO, USN, Officer
Va-DRO, USN, Officer
FINDINGS
8. Finding
Unfit
9. Recommended Disposition
Permanent Disability Retirement from Active Duty
10. Combined Disability Rating
70%
DIAGNOSES AND RATINGS
Category I: Unfitting Conditions
Marines should know
what to look for when
they review the form.
Disability Rating or
VA Diagnostic Codes
Reason if not rated
1. PTSD* CR(AC) (cz vat)
9411
50%
50%
2. Asthma*
6602
30%
30%
Category III: Conditions that are not separately unfitting and do not contribute to the unfitting
condition(s)
3. Erectile Dysfunction
11. A.
B.
C.
D.
ADDITIONAL FINDINGS
The disability was incurred while entitled to receive basic pay.
The disability did not occur during a period of unauthorized absence
The disability is not the result of intentional misconduct or willful neglect
The disability did occur after 14 Sep 1978
12. The disability is permanent
13. A. The disability was the direct result of a combat related injury as defined by Title 26 U.S. Code Section
104(b)(3)
B. The board finds further that the disability was incurred in the line of duty as the result of armed conflict
Consultation with an
IDES attorney is always
encouraged.
14. All board members concurred
NO SIGNATURE - SAMPLE DOCUMENT
Click image to see sample findings in full screen
Boxes 8-10 reflect the
proposed finding,
disposition and rating
Each condition is
categorized and rated
separately; normally, if a
condition is in Category I
(Unfitting Conditions) the
Disability Rating will be the
same as the VA rating
The additional
determinations made by
the PEB are included in
Additional findings – these
can affect a range of
benefits
Findings of the Physical Evaluation
Board
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Findings Section
8
Determines whether Marine will
be returned to full duty
If found unfit, the Marine will be
separated if Combined
Disability Rating < 30%
If found unfit and Combined
Disability Rating >= 30% Marine
will be transferred to the TDRL
if one of the unfitting conditions
is not permanent
Combined Disability Rating will
determine the Recommended
Disposition as well as the
projected retirement benefits
Box 8
Findings
Box 9
Recommended
Disposition
Box 10
Combined
Disability Rating
•Fit – if there are no unfitting conditions
•Unfit – if there is one or more unfitting conditions
•Return to Full Duty – Fit
•Separate without Benefits – Unfit, 0%
•Separate with Benefits – Unfit, 10-20%
•Temporary Disability Retirement – Unfit, 30%100%, one or more conditions that are not permanent
•Permanent Disability Retirement – Unfit, 30%100%, all unfitting conditions are permanent
•0% - 100% - Ratings for all Unfitting Conditions are
combined using VA Rating Charts (this is not simple
addition)
The Findings Section is based entirely on the sections which
follow– Diagnoses and Ratings and Additional Findings
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Diagnoses and Ratings Section
9
 The PEB considers each condition
separately
 The PEB is not required to even consider any condition that
was not referred, even if it was listed on the VA Claim Form
by the Marine
• The PEB does have the authority to consider additional conditions
rated by the VA, but does not do so routinely
• The Marine can NOT demand a Formal Board to have such conditions
considered
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Categorization of Findings
10
 Each of the conditions referred to the PEB will be
categorized individually:
Category
Title
Factored into DoD
Disability Rating?
Category I
Unfitting Conditions
Yes
Category II
Conditions That Are Contributing to the
Unfitting Condition(s)
No
Category III
Conditions That Are Not Separately Unfitting,
and Do Not Contribute to The Unfitting
Condition
No
Category IV
Conditions Which Do Not Constitute a
Physical Disability
No
•
•
Marines can DEMAND a formal board to contest a finding of Unfit (i.e., category I)
Marines can REQUEST a reconsideration or Formal Board (based on NEW evidence)
to contest a finding of Fit (i.e., Category II, Category III or Category IV)
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Additional Findings Paragraphs
11
Basic Pay
• Was the disability incurred or aggravated while entitled to
receive basic pay?
Misconduct
• Was the disability the result of intentional misconduct or willful
neglect?
• Whether the disability was incurred during a period of
unauthorized absence?
Miscellaneous
• Disability is the proximate result of active duty or inactive-duty
training, or
• Disability was incurred in line of duty in time of war or national
emergency, or
• Disability was incurred or aggravated after 24 September 1975
Permanence
Ratable
• Disability is permanent, or
• Disability may be permanent
• Is the disability ratable in accordance with VA and DoD
regulations
• Note: Conditions which are determined to be pre-existing may
be considered not-ratable but can still be unfitting (will result in
Separation w/o Benefits)
Each of these findings are normally found in paragraphs 11 and 12 of the “Additional Findings”
area of Page 1 of the Findings of the Physical Evaluation Board Proceedings. However, while the
PEB must make these determinations they are not required to publish them to the Marine.
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Finding must
be yes to
receive
disability
compensation
Finding must
be no to
receive
disability
compensation
Finding
determines
whether the
Recommended
Disposition for
a Marine found
Unfit will be
TDRL or PDRL
Combat Codes
12

The PEB may also make a determination whether a condition is combat related. If they
do so they will apply the appropriate combat code to each relevant condition and state
this in Additional Findings:
Abbrv*
Combat Code
Disability
qualifies for
CRSC
Disability /
Severance
Tax Exempt
Severance
Exempt from VA
Recoupment
Eligible for
EPLD
CZ
In a combat zone
No
Case by case
Case by case
Not Eligible
CR(AC)
Direct Result of
Armed Conflict
Yes
Exempt
Exempt
Eligible
CR(IW)
Instrumentality
of War
Yes
Exempt
Exempt
Not Eligible
CR(SW)
Simulation of
War
Yes
Exempt
Exempt
Not Eligible
CR(HZ)
Hazardous Duty
Yes
Exempt
Exempt
Not Eligible
*The abbreviations listed are the most commonly used; however several alternative abbreviations may be seen (such as HD for Hazardous Duty)
A Marine can not request a Formal Board to challenge the
combat code (or lack thereof). Rather, the Marine appeals
through OJAG (Code 13), either immediately or in veteran status
Criteria for each combat code can be found in the
instructions for DD Form 2860, Application for CRSC
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VA Decision Letter
13
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Conditions Rated Separately
14
 Every referred and claimed
condition should be addressed
separately and specifically in the
VA Decision Letter
 The conditions will be presented in three groups:
Both of these groups
• Unfitting conditions related to military service
count towards the VA
• Claimed conditions related to military service
Disability Compensation
aware. Although unfitting
• Claimed conditions not related to military service
conditions are presented
The final group is the
conditions that were denied;
these will not receive a rating
and will not affect the VA
Disability Compensation
separately, the
determination that a
condition was unfitting is
actually made by the PEB
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Conditions Related to Military Service
15
GROUP I: Unfitting Conditions
We are proposing that the following unfitting conditions are related to your military
service, i.e., service connected:
Medical Description
Evaluation
EXERCISE INDUCED
ASTHMA (ALSO DIAGNOSED
AND CLAIMED AS ASTHMA)
30%
Unfitting conditions
are presented in a
table introduced by
this heading
This is the rating
for this condition
Please Note: You will be
scheduled for a routine future
exam for this condition 2 years
after you are discharged from
military service
Not every
condition
requires a future
exam, however,
when one will be
required it will be
noted here.
The proposed combined rating for your unfitting conditions is 30%:
The rating agency may determine that the
condition claimed (in this case “Asthma”) should
actually have been claimed as a similar or related
condition, (in this case “Exercise Induced
Asthma”). If so, this is how it will appear
DoD Rating
This should correspond to
the Combined Disability
Rating on the Findings of
the Physical Evaluation
Board.
This future VA exam is distinct from
any Periodic Physical Examination
required by the DoD for Marines on
TDRL. The VA exam will only
affect the VA Rating
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Conditions Related to Military Service
16
GROUP II: Service-connected Claimed Conditions
We are proposing that the following claimed conditions are related to your military
service, i.e., service connected:
Medical Description
Evaluation
RIGHT ELBOW CONTUSION,
RESOLVING {DOMINANT
EXTREMITY} (ALSO
DIAGNOSED AND CLAIMED
AS RIGHT ELBOW PAIN)
0%
This is the heading for
Service Connected
Claimed conditions
(Group II)
There is NO additional language between
Group II and Group III unless Special
Monthly Compensations are awarded
Obtaining a rating of 0% is a better result than having a diagnoses
not acknowledged. The service-connectedness of this condition
has been acknowledged by the Government. If the condition is
aggravated, the Marine may become eligible for compensation in
the future. Once the Marine leaves active duty establishing
service connectedness is much more difficult.
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This is the rating
for this condition
When the VA
does not indicate
that a “routine
future exam” will
be scheduled,
the onus is on
the Marine to
schedule an
exam if the
condition
worsens
Conditions Not Related to Military Service
17
GROUP III: Not Service Connected
We are proposing that the following claimed conditions are not related to your
military service, i.e., are not service connected:
Medical Description
Reason & Rationale
RIGHT ANKLE SPRAIN
The evidence does not show a
current diagnosed disability.
While your service treatment
records reflect complaints,
treatment, or a diagnosis
similar to that claimed, the
medical evidence supports the
conclusion that a persistent
disability was not present in
service
We are proposing that the total combined rating for unfitting and claimed
service-connected disabilities is 30%
VA Rating
This rating reflects the combination of
disabilities identified in Group I and
Group II
The claimed
conditions that were
denied are
presented under this
heading
At a minimum the
Reason &
Rationale will let
you know if the
condition was
determined to not
be a disability (as
in the example) or
whether it was
found to be a
disability that is
not service
connected
Often, the Reason & Rationale is
largely boilerplate that provides little
in the way of explanation
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18
Potential
Entitlements
After the Proposed Ratings and before the Evidence and
Reasons there will be a section of possible benefits. The first
paragraph is individualized and puts in dollar figures the VA
compensation that is being proposed. Although presented as
an estimate this merely protects the Government in case of a
clerical error.
 We estimate that if the proposed
In this section the
Marine will find the
actual dollars of VA
compensation being
proposed.
This figure is based on
the VA Rating found
earlier, any special
monthly compensations
found earlier, the
Marines family
structure and the
current pay table.
ratings are adopted, you may be
entitled after discharge from service to
monthly VA compensation in the
amount of $XXXX.CC based on the
current statutory rates of disability
compensation. This estimate is based
on paying you as a single veteran with
no dependents…
Everything that follows this paragraph is usually boilerplate – i.e., the
pages on Home Loan Guaranty, Voc Rehab, Medical Care, Clothing
Allowance, etc. are provided to all Marines with no effort made to
determine if they are eligible.
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19

Evidence

The evidence relied
upon to make the rating
decision is listed here
Check the list to make
sure exams or other
records that were
submitted to the
PEBLO are all
accounted for







EVIDENCE
VA examination (General Medical), Gainesville, FL
VAMC, dated May 3, 2013
VA examination (Initial PTSD), Gainesville, FL VAMC,
dated May 8, 2013
VA Form 21-0819, VA/DOD Joint Disability Evaluation
Board Claim received February 17, 2013
VCAA Pre-Discharge Notice Response dated February 17,
2013
Physical Evaluation Board Proceedings dated July 2,
2013
Joint DOD/VA Disability Evaluation Pilot Referral dated
February 10, 2013
Medical Evaluation Board Proceedings dated June 14,
2013
Commanders Performance and Functional Statement
(Nonmedical Assessment) dated June 5, 2013
Service treatment records from March 15, 2001 through
February 17, 2013
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20
REASONS FOR DECISION
1. Evaluation of exercise induced asthma (also diagnosed
and claimed as asthma) for Disability Evaluation System
purposes and proposed entitlement to service connection
for Department of Veterans Affairs (VA) benefits.
How the VA
Decides
Each condition that was
found to be service
connected will be listed
in a section titled
“Reasons for Decision”
Zero in on whatever
comes after the word
unless.
The key to a ratings
reconsideration is
providing new evidence
that directly addresses
this standard
Service connection for exercise induced asthma (also diagnosed and
claimed as asthma) is proposed as directly related to military service.
We have proposed a 30 percent evaluation for your asthma, bronchial
based on:
 Daily oral bronchodilator therapy
 Inhalational anti-inflammatory medication
A higher evaluation of 60 percent is not warranted unless there is:
 Forced Expiratory Volume in One Second (FEV-1) of 40 to 55
percent predicted; or,
 FEB-1 to Forced Vital Capacity (FEB-1/FVC) of 40 to 55 percent;
or
 At least monthly visits to a physician for required care of
exacerbations; or,
 Intermittent (at least three per year) courses of systemic (oral or
parenteral) corticosteroids
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Marines Found Unfit
21
THE OPTIONS PRESENTED TO A MARINE WHO
IS FOUND UNFIT BY THE PEB
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The Marine’s Three Options
22
Accept Findings
• Accept unconditionally and be separated or
retired as per the final disposition of the finding
Formal PEB
• Demand a Formal PEB and appear in person to
rebut the preliminary findings with assigned legal
counsel (if desired)
Conditionally
Accept
• Conditionally accept the findings on stated
conditions subject to approval of higher authority
Findings Presented
PEBLO Counsels
The findings will be
presented to the Marine in
writing; they can be
The PEBLO is required to
delivered in person, by mail, counsel the Marine as soon
or by fax / email.
as practicable after the
findings have been
delivered.
When the Marine is located
at a major installation it is
usually done on the same
day.
Marine Makes Decision
The Marine has 10 days to
make a decision. The 10
days begin from the date the
Marine receives the
findings not the
counseling.
Marines may feel pressure
to sign immediately.
Implications vary based
on Recommended
Disposition. See
following slides.
Click to See Election
Usually used to
of Options Form
request PLD
If the 10 days expire, the PEB will
begin to implement the
Recommended Disposition as a
Presumed Unconditional
Acceptance. In this case, the
Marine can still demand a Formal
Board (until discharged).
However, he can no longer accept
conditionally or request PLD
Marines should be prepared when
they meet with the PEBLO. They
should understand their right to
counsel and have already
considered PLD
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Options when Recommended for TDRL
23
All Marines should be encouraged to consult with an IDES attorney
before accepting their findings
Disposition
DoD
VA
Accept
Unconditionally
• Marine will NOT be able to request PLD
or EPLD
• Conditions that were found to be notunfitting will not be reevaluated by the
DoD in the future.
• Conditions that were not referred to the
MEB will not be considered in the future
• Conditions that were found to be
unfitting will be reevaluated during
Periodic Physical Examinations and the
final disposition may be adjusted
accordingly – see TDRL training
• The VA will reexamine those conditions
identified as requiring “routine future exams;”
the rating may be adjusted accordingly
• The Marine may submit claims for any
condition that was not claimed in the IDES at
any time
• The Marine may request reconsideration of any
condition that was claimed in the IDES at any
time to establish service-connectedness or
receive a higher rating
• The Marine may request Special Monthly
Compensation at any time
Formal Board
• Marine will remain on active duty
pending the Formal Board
• No compensation will be paid until the results
of the Formal Board are finalized and the
Marine is discharged
Conditional
Acceptance
• Normally used to request PLD
• No compensation will be paid until the results
of the Formal Board are finalized and the
Marine is discharged
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Options when Recommended for PDRL
24
All Marines should be encouraged to consult with an IDES attorney
before accepting their findings
Disposition
DoD
VA
Accept
Unconditionally
• Marine will NOT be able to request PLD
or EPLD
• The Marine’s DoD rating will not change
• The VA will reexamine those conditions
identified as requiring “routine future exams;”
the rating may be adjusted accordingly
• The Marine may submit claims for any
condition that was not claimed in the IDES at
any time
• The Marine may request reconsideration of any
condition that was claimed in the IDES at any
time to establish service-connectedness or
receive a higher rating
• The Marine may request Special Monthly
Compensation at any time
Formal Board
• Marine will remain on active duty
pending the Formal Board
• No compensation will be paid until the results
of the Formal Board are finalized and the
Marine is discharged
Conditional
Acceptance
• Normally used to request PLD
• No compensation will be paid until the results
of the Formal Board are finalized and the
Marine is discharged
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Options: Severance with Benefits
25
All Marines should be encouraged to consult with an IDES attorney
before accepting their findings
Disposition
DoD
VA
Accept
Unconditionally
• Marine will NOT be able
to request PLD or EPLD
• The Marine’s DoD rating
will not change
• The Marine will not be
eligible for:
• TRICARE
• SBP
• Retired ID Card
• If the Marine does not
have the relevant combat
code he can appeal to
OJAG (Code 13) at any
time
• The VA will reexamine those conditions identified as requiring
“routine future exams;” the rating may be adjusted
accordingly
• The Marine may submit claims for any condition that was not
claimed in the IDES at any time
• The Marine may request reconsideration of any condition that
was claimed in the IDES at any time to establish serviceconnectedness or receive a higher rating
• The Marine may request Special Monthly Compensation at
any time
• VA Benefits will be partially withheld to recoup the Marine’s
Military Severance Pay until the Severance Pay is fully
recouped unless a combat code of AC, HS, IW, or SW has been
given
Formal Board
• Marine will remain on
active duty pending the
Formal Board
• No compensation will be paid until the results of the Formal
Board are finalized, the Marine is discharged, and the DD 214
has been provided to D-RAS Providence
Conditional
Acceptance
• Normally used to request
PLD
• No compensation will be paid until the results of the Formal
Board are finalized, the Marine is discharged, and the DD 214
has been provided to D-RAS Providence
Although the
Marine is not
eligible for
TRICARE
permanently he
can receive 180
days of medical
coverage
through TAMP
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Contesting the Findings
26
Marine Disagrees with Finding that…
Actions Marine Can Take
A referred condition was found unfitting by the PEB
DEMAND a Formal Board
A referred condition was found not to be unfitting by the
PEB
Request a reconsideration based on new evidence, and/or
Request a Formal Board
TDRL is appropriate because at least one unfitting
condition is not stabilized
No immediate reconsideration possible - PEB will reconsider
at each Periodic Physical Examination while Marine is on
TDRL – Further support through DISC / WWCC
An unfitting or claimed condition was not determined to
be combat related
Appeal through OJAG (Code 13), or
Provide other supporting documents when applying for CRSC
A condition that is unfitting was rated lower than the
Marine believes is appropriate
Request Rating Reconsideration from the VA before accepting
findings
A service-connected but not unfitting condition was rated
lower than the Marine believes is appropriate
Request reconsideration from the VA after separation or
retirement – VSO Referral highly suggested
A condition was found to be service-connected by the VA,
but it was not found to be unfitting by the PEB and the
Marine believes it was rated too low
Must follow the guidance for #2 above first; then based on
that outcome either follow #5 or #6
A condition was found to be neither unfitting nor serviceconnected
Request reconsideration from the VA after separation or
retirement – VSO Referral highly suggested
Marines should always meet with an IDES
attorney to discuss their options
A Marine who accepts his findings
unconditionally waives the right to request PLD
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Multiple Conditions
27
Scenario: Sgt Williams was referred to the PEB for two conditions, and
the Findings of the Physical Evaluation Board Proceedings (Informal) are
presented below:
Condition
Findings
PTSD
Category I: Unfitting Conditions
Lumbar and Thoracic Spine
Strain
Category III: Condition that is not unfitting and does not
contribute to the unfitting condition(s)
Note: In the additional findings section the PEB states the disabilities are not combat
related
If Sgt Williams disagrees with
the finding that his PTSD is
unfitting…
• He can DEMAND a Formal
Board
If Sgt Williams disagrees with
the finding that his spine
strain is not unfitting…
• He can REQUEST a
reconsideration (based on
NEW evidence) or a Formal
Board
If Sgt Williams believes that
the PTSD was the direct result
of armed conflict…
• He can APPEAL the finding
to OJAG (Code 13), or
• He can submit other
documentation when
applying for CRSC
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Common Pitfalls
IDES Findings
Discussion: How can an RCC help avoid these pitfalls?
• When a Marine is counseled by the PEBLO it feels like an
overwhelming amount of information and he accepts the findings
without understanding them
• A Marine is upset by his low ratings and can not discuss his options
rationally
• A Marine is confused about the difference between unfitting and
service-connected disabilities and doesn’t understand why he is not
being medically retired
28
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Resources
29
Basic Resources
Advanced Resources
IDES Consultation Class
Formerly known as “DTAP”
PLD is covered
Wounded Warrior Regiment
PEB Liaison
Dean Trio
703-432-1856
RCC IDES Handbook
Companion to MegaLink sheets
http://www.rcckit.com/policy
IDES Attorneys
POC varies by location
WWR External Fact Sheet
https://ehqmc.usmc.mil/sites/wwr/wrc/External%20F
act%20Slick%20Sheets/Integrated%20Disability%20Ev
auation%20System%20slick%20sheet.pdf
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Knowledge Check
30
Cpl Diaz was presented his findings by the PEBLO and is unsure
of whether he should accept the findings or not. Who is the best
person to help him understand the findings and his options?
His commanding officer
An OIF/OEF Coordinator
An IDES attorney
A Federal Recovery Coordinator
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Knowledge Check
31
Can a Marine request the VA reconsider the rating given to a
condition that is service-connected but found to be not-unfitting
while he is still on active duty?
No, the decision is final
Only if he first requests a reconsideration by the DoD and / or a
Formal Board and the PEB changes its determination and the
condition is now considered unfitting
No, although he can ask the VA to reconsider the rating after
discharge
Yes
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Knowledge Check
32
LCpl Alvorado was transferred to the PDRL as the result of one
unfitting condition which the PEB determined was the result of an
Instrument of War (Combat Code: IW). Which of the following are
true?
She is eligible to apply for EPLD
She is eligible for CRSC
Any Military Retired Pay that is not offset by VA Disability Compensation will be tax
exempt
She is eligible for a Purple Heart
A and B only
A and C only
B and C only
B, C, and D only
All of the above
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Knowledge Check
33
GySgt Kleck was referred to the IDES for both PTSD and Tinnitus. In
which of the following circumstances can he DEMAND a Formal Board?
Both conditions are found to be unfitting and he wants to be found Fit for Duty
The PTSD is found unfitting, the tinnitus is found to be not-unfitting and he wants the PTSD
decision reversed so he can be found Fit for Duty
The PTSD is found unfitting, the tinnitus is found to be not-unfitting and he wants to provide new
medical evidence so the tinnitus will be found unfitting and his DoD rating will increase
Both conditions are found to be not-unfitting and he does not want to be returned to duty
A only
A and B only
A and D only
C and D only
All of the above
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Knowledge Check
34
SSgt Buckhantz lives in a remote and isolated location. His PEBLO faxes his
findings to him on 1 July 2013 and schedules a telephone consultation on 5 July
2013. After the counseling the Marine is unsure of what he wants to do. How
long does he have to make a decision?
10 calendar days from 1 July, the day he received the findings
10 calendar days from 5 July, the day he received his counseling
10 business days (i.e., two weeks) from 1 July the day he received his
findings
10 business days (i.e., two weeks) from 5 July, the day he received
his counseling
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35
PFC Clumber was referred to the IDES for only one condition – an anxiety disorder. He had
no other claimed conditions. He was found unfit and the PEB determined that his disability
“may be permanent.” Accordingly he will be transferred to the TDRL. He agrees with the
rating, but does not think he needs to be reevaluated. How can he contest the finding that
the condition “may be permanent.”
By requesting a Formal Board
By demanding a Formal Board
By requesting a VA Rating Reconsideration
By appealing to OJAG (Code 13)
A only
B and D only
A and C only
None of the above
All of the above
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Knowledge Check
36
The ratings for the conditions in which of the following Categories on
the Findings of the Physical Evaluation Board are used to calculate the
Combined Disability Rating for the DoD?
Category I: Unfitting Conditions
Category II: Conditions that are contributing to the unfitting conditions
Category III: Conditions that are not separately unfitting and do not contribute to the
unfitting conditions
Category IV: Conditions which do not constitute a physical disability
A only
A and B only
A, B, and C only
A, B, and D only
D only
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Knowledge Check
37
Which of the following combat codes precludes the VA from
withholding a portion of a Marine’s VA Disability Compensation to
recoup a Military Severance payment?
Armed Conflict (AC)
Hazardous Service (HS)
Instrument of War (IW)
Simulation of War (SW)
A only
B only
C only
D only
All of the above
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Knowledge Check
38
Sgt Martell’s VA Decision Letter states that he will be scheduled for a “routine future exam”
to reconsider his Left Shoulder Dislocation. The PEB categorized this injury as an unfitting
condition, but found that the disability was permanent and recommended transfer to the
PDRL. Sgt Martell accepts the findings. When he attends the “routine future exam” at the
VA which of the following are possible outcomes?
His DoD Rating will go up
His DoD Rating will go down
His VA Rating will go up
His VA Rating will go down
A only
A and B only
A and C only
B and D only
C and D only
Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome
Questions
39
Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome

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