prevent delays reduce frustration achieve the best possible outcome 2013 understanding the findings...
TRANSCRIPT
Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome
2013
Understanding the Findings of the Integrated Disability Evaluation
SystemWWR PEB Liaison
Mr. Dean Trio
Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome
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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
Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome
Questions39