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Prevent Delays Reduce Frustration Achieve the Best Possible Outcome 2013 Understanding the Findings of the Integrated Disability Evaluation System WWR PEB Liaison Mr. Dean Trio

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Page 1: Prevent Delays Reduce Frustration Achieve the Best Possible Outcome 2013 Understanding the Findings of the Integrated Disability Evaluation System WWR

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome

2013

Understanding the Findings of the Integrated Disability Evaluation

SystemWWR PEB Liaison

Mr. Dean Trio

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Prevent Delays

Reduce Frustratio

n

Achieve the Best Possible Outcome

Terminal Learning Objectives

As an RCC help Marines and families…

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

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)

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

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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DEPARTMENT OF DEFENSE

Findings of the Physical Evaluation Board

Proceedings6

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Findings of the Physical Evaluation Board

INFORMAL Findings of the Physical Evaluation Board Proceedings

Ref# xxxxxxxxxxx Date Printed DD MMM YYYY Page 1

PERSONNEL DATA

1. Name 2. SSN 3. Rate/Rank 4. Service 5. MOS 6. LOS SUNLEY, Neil S xxx-xx-xxxx CPL USMC 3043 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 VA Diagnostic Codes

Disability Rating or 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

ADDITIONAL FINDINGS 11. A. The disability was incurred while entitled to receive basic pay.

B. The disability did not occur during a period of unauthorized absence C. The disability is not the result of intentional misconduct or willful neglect D. 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

14. All board members concurred

NO SIGNATURE - SAMPLE DOCUMENT

When the PEBLO presents the proposed findings to the Marine, the PEBLO presents the Marine with the form pictured here.

Marines should know what to look for when they review the form.

Consultation with an IDES attorney is always encouraged.

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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

benefitsClick image to see sample findings in full screen

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Findings Section8

•Fit – if there are no unfitting conditions•Unfit – if there is one or more unfitting conditionsBox 8

Findings

•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

Box 9Recommended

Disposition

•0% - 100% - Ratings for all Unfitting Conditions are combined using VA Rating Charts (this is not simple addition)

Box 10Combined Disability

Rating

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

The Findings Section is based entirely on the sections which follow– Diagnoses and Ratings and Additional

Findings

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Key Point

Diagnoses and Ratings Section

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

Each of the conditions referred to the PEB will be categorized individually:

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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 Paragraphs11

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• Disability is permanent, or• Disability may be permanent

Ratable

• 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)

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 PDRLEach 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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Combat Codes

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:

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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

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

*The abbreviations listed are the most commonly used; however several alternative abbreviations may be seen (such as HD for Hazardous Duty)

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VA Decision Letter13

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Key Point

Conditions Rated Separately

Every referred and claimed condition should be addressed separately and specifically in the VA Decision Letter

The conditions will be presented in three groups:• Unfitting conditions related to military service• Claimed conditions related to military service• Claimed conditions not related to military service

Both of these groups count towards the VA

Disability Compensation aware. Although unfitting conditions are presented

separately, the determination that a

condition was unfitting is actually made by the PEB

The final group is the conditions that were denied; these will not receive a rating

and will not affect the VA Disability Compensation

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Conditions Related to Military Service

Medical Description Evaluation

EXERCISE INDUCED ASTHMA (ALSO DIAGNOSED AND CLAIMED AS ASTHMA)

30%

Please Note: You will be scheduled for a routine future exam for this condition 2 years after you are discharged from military service

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

Not every condition

requires a future exam, however, when one will be required it will be

noted here.

This is the rating for this condition

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

GROUP I: Unfitting ConditionsWe are proposing that the following unfitting conditions are related to your military service, i.e., service connected:

The proposed combined rating for your unfitting conditions is 30%:

Unfitting conditions are presented in a table introduced by

this heading

DoD RatingThis should correspond

to the Combined Disability Rating on the Findings of the Physical

Evaluation Board.

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Conditions Related to Military Service

Medical Description Evaluation

RIGHT ELBOW CONTUSION, RESOLVING {DOMINANT EXTREMITY} (ALSO DIAGNOSED AND CLAIMED AS RIGHT ELBOW PAIN)

0%

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.

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

This is the rating for this condition

GROUP II: Service-connected Claimed ConditionsWe are proposing that the following claimed conditions are related to your military service, i.e., service connected:

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

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Conditions Not Related to Military Service

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

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

GROUP III: Not Service ConnectedWe are proposing that the following claimed conditions are not related to your military service, i.e., are not service connected:

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

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Potential Entitlements

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.

We estimate that if the proposed 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…

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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.

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.

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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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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

REASONS FOR DECISION1. 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.

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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THE OPTIONS PRESENTED TO A MARINE WHO IS FOUND UNFIT BY THE PEB

Marines Found Unfit21

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The Marine’s Three Options22

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

Implications vary based on Recommended Disposition. See following slides.

Usually used to 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

Findings Presented

The findings will be presented to the Marine in writing; they can be delivered in person, by mail, or by fax / email.

PEBLO Counsels

The PEBLO is required to counsel the Marine as soon 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.

Marines should be prepared when they meet with the

PEBLO. They should understand their right to counsel and have already

considered PLD

Click to See Election of

Options Form

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Options when Recommended for TDRL23

Disposition DoD VA

Accept Unconditionally

• Marine will NOT be able to request PLD or EPLD

• Conditions that were found to be not-unfitting 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

All Marines should be encouraged to consult with an IDES attorney before accepting their findings

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Options when Recommended for PDRL24

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

All Marines should be encouraged to consult with an IDES attorney before accepting their findings

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Options: Severance with Benefits25

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 service-connectedness 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

All Marines should be encouraged to consult with an IDES attorney before accepting their findings

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

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/orRequest 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), orProvide 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 service-connected

Request reconsideration from the VA after separation or retirement – VSO Referral highly suggested

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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

Scenario: Sgt Williams was referred to the PEB for two conditions, and the Findings of the Physical Evaluation Board Proceedings (Informal) are presented below:

Note: In the additional findings section the PEB states the disabilities are not combat related

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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)

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

Discussion: How can an RCC help avoid these pitfalls?

IDES Findings

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• 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

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Basic Resources Advanced Resources

Resources29

Wounded Warrior RegimentPEB LiaisonDean Trio

703-432-1856

IDES Consultation ClassFormerly known as “DTAP”

PLD is covered

WWR External Fact Sheet https://ehqmc.usmc.mil/sites/wwr/wrc/External%20Fact%20Slick%20Sheets/Integrated%20Disability%20Evauation%20System%20slick%20sheet.pdf

RCC IDES HandbookCompanion to MegaLink sheets

http://www.rcckit.com/policy

IDES AttorneysPOC varies by location

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Knowledge Check

A

D

BC

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

A

D

BC

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

A

D

BC

i

ii

iii

iv

v

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

A

D

BC

i

ii

iii

iv

v

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 DutyThe 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 increaseBoth 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

A

D

BC

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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Knowledge Check

A

D

BC

i

ii

iii

iv

v

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

A

D

BC

i

ii

iii

iv

v

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

A

D

BC

i

ii

iii

iv

v

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

A

D

BC

i

ii

iii

iv

v

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

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Questions39