MILITARY DISABILITY INFORMATION

Information on TDRL from the US Army Human Resources Command (HRC) February 03 2019, 0 Comments

TEMPORARY DISABILITY RETIRED LIST (TDRL) FREQUENTLY ASKED QUESTIONS

 

What is TDRL?

The TDRL is a list of Army members found to be unfit for performance of military duties by reason of physical disability which may be permanent, but which has not sufficiently stabilized to permit an accurate assessment of a permanent degree of disability. The Secretary of the Army is required by law to maintain the TDRL, and has delegated this responsibility to Headquarters, United States Army Physical Disability Agency (USAPDA).  See AR 635-40, Chapter 2, para 2-3d; DoD Directive 1332.18; Chapter 61 10 USC 1210.

 

What will happen when my medical condition has stabilized?

Depending on the PEB’s recommendation after your medical exam is received, you will either be (a) permanently retired if your combined disability is rated at 30 percent or more or you have 20 years of active duty (b) you may be separated with severance pay if your combined disability is rated less than 30 percent and you have less than 20 years of service or (c) found physically fit for return to active duty (unless you have a newly obtained, non-service related disability which prevents your return).

 

How will the final determination be made in my case?

The same procedure used when you were placed on the TDRL will be followed. A medical re-evaluation is completed and, after being reviewed by you, is forwarded to a PEB. If you have a current VA Rating and Compensation and Pension (C&P) Examination for your unstable condition(s) identified on your original DA 199 that occurred within 16 months of being placed on the TDRL, USAPDA may consider your information to be sufficient and will forward it to the PEB for adjudication. If there were any conditions determined to be stable at the time of your original placement on the TDRL, they will be carried forward on your new DA 199 along with the unstable conditions that will be reviewed by the PEB. The PEB has the final say on whether the information is sufficient and if they are able to adjudicate your case based on current VA Ratings. A PEBLO/VELO will be assigned to counsel you regarding the findings. The determination by the PEB is not final and may be reviewed by Headquarters, USAPDA. All medical evidence will be carefully evaluated to ensure that a just and accurate determination is made. To ensure that your interests are protected, you will be afforded the opportunity to appeal the PEB’s findings along with legal representation (if desired) before your case is finalized.

 

What happens if I am found physically fit?

  1. Regular Army Officers and warrant officers will, subject to their consent, be called to active duty and reappointed to the active list in the regular grade held when placed on TDRL or the next higher grade, as determined appropriate.  If the officer or warrant officer does not consent to be called to active duty, TDRL status and disability pay will cease as soon as possible.  See AR 635-40, para 7-11a (3) (a); 10 USC 1211.  
  2. Regular Army enlisted members will, subject to their consent, be reenlisted in the grade held on the day preceding the date placed on TDRL, or in the next highest grade, as deemed appropriate.  If the member does not consent to reenlistment, TDRL status and disability pay will cease as soon as possible.  See AR 635-40, Para 7-11A (3) (b); 10 USC 1211.  
  3. Members of the Army Reserve or National Guard will, subject to their consent, be reappointed or reenlisted in the Army Reserve or National Guard in the grade held on the day preceding the date placed on TDRL, or in the next higher grade, as determined appropriate.  This does not necessarily entail recall to active duty.  See AR 635-40, para 7-11a (3) c & d; 10 USC 1211.

 

Can my percentage of disability change while I am on TDRL?

Your percentage of disability will remain the same as long as you are on the TDRL.  Changes in the degree of severity of your disability will not affect your retired pay while you are on the TDRL.  When your condition has stabilized, the final determination in your case may result in removal from the TDRL as discussed in Question# 2.  See AR 635-40, para 7-20b.

 

I am currently a TDRL member and will be permanently retired, will I receive a new DD Form 214?

No. The DD Form 214 is a record of release from active duty service and is only issued at time of separation from active duty. If you are a current TDRL member and were on active duty at the time of retirement, you should have received a DD Form 214. Once your required TDRL re-examination is completed and the PEB recommends a permanent retirement, you will receive orders removing you from the TDRL and placing you in a permanent retirement status. You will not receive a new DD Form 214.  See AR 635-5, para 2-1.

 

Am I entitled to an Army Identification Card while on the TDRL?

Yes. Your spouse and dependent children are also entitled to an ID card. The cards are valid for the three or five-year period the law allows you to be carried on the TDRL unless you are removed earlier. You may apply for this card at the nearest military ID card office. You should bring a copy of your retirement orders and DD Form 214 with you when you apply.

  

What if I change my mailing address or place of residence while I am on the TDRL?

You are required to keep USAPDA advised of changes in your address and other contact information (phone, email). It is important that you do so in order for contact to be made promptly when being scheduled for your periodic physical examination and for timely notification of your final Physical Evaluation Board (PEB) determination. You will receive a notification letter and other pertinent information three (3) months prior to each scheduled examination as annotated in Section 2 of the DA Form 199 (PEB Proceedings). You should promptly notify us by letter, email, or telephone whenever there is a change to your mailing address. Failure to keep the Physical Disability Agency informed of any address changes could jeopardize your entitlement to disability retirement benefits. Send change of address information to U.S. Army Physical Agency, ATTN:  TDRL Branch, 2530 Crystal Drive, Arlington, Virginia 22202. You may contact us by phone at 1-855-863-0426 (toll free) or email at: usarmy.pentagon.hrc.mbx.usapda-tdrl@mail.mil.

 

How often will I have to undergo a physical examination, and how will I be scheduled for it?

You are required by law to undergo physical examinations at least once every 18 months. However, examinations may be scheduled as early as six (6) months after initial placement on the TDRL if deemed necessary by appropriate medical/disability authorities. Your re-examination month will be reflected in Section 2 of your DA Form 199. The USAPDA will forward a letter to you and the designated Military Treatment Facility (MTF) three (3) months in advance requesting that a physical examination be conducted. After an appointment has been made for you, a representative for the MTF Commander will send you additional correspondence advising you of the exact date and time to report. See AR 635-40, paragraph 7-4; 10 USC 1210.

 

Must I undergo TDRL physical examinations if I have elected to receive VA compensation instead of retired pay from the Army?

Yes.  You are required by law to undergo periodic physical examinations as ordered by the Secretary of the Army.  This requirement exists even if you waive Army retired pay in favor of VA compensation or are receiving treatment at a VA Hospital.  Examinations administered by the VA to determine the amount of compensation you are eligible to receive from that agency cannot take the place of examinations required by the Army.  In other words, your responsibilities to the Army and the VA with respect to physical examinations are separate and distinct.  See AR 635-40; para 7-4 (a).

 

If I apply for benefits from the VA, which I may be entitled to, will these benefits be based on the percentage of disability I received from the Army?

No. If you processed through the DoD/VA Integrated Disability Evaluation System (IDES), you received proposed VA ratings at that time.  The disability percentage you received from the Army was based on your unfitting conditions, while the percentage from the VA was based on all conditions that are service connected.  The total ratings may be the same or may differ.  If you did not process through the IDES, you will have to apply to the VA separately and the VA ratings may differ from those you received from the Army.

 

I received notice that my re-examination will be done by a contractor and not by an Army Medical Treatment Facility (MTF).  Why?  When I was placed on the TDRL I was told that my re-exam would be done by an Army MTF.

The Army’s Medical Command (MEDCOM) determines who conducts TDRL re-examinations. In late 2015, the Regional Health Command-Atlantic (RHC-A) contracted the performance of some of their TDRL re-examinations to Maximus Defense Logistic Health (DLH) Solutions. This affects all TDRL members who live in the northeast, along the Atlantic coast from North Carolina northward, and many members living in the northern Midwest region. These individuals will be notified by USAPDA four (4) months in advance that their re-examinations will be performed by Maximus, and the contractor will contact them to schedule their re-examinations.  In addition Maximus is also responsible for the following MTFs REDSTONE, AL; FT BENNING, GA; FT STEWART, GA; FT JACKSON, SC, FT CAMPBELL, KY.  For those Soldiers living in the Southern and Western Regions, your cases will be assigned to an MTF.

 

Who can furnish advice and assistance when I report to for examination?

Each MTF has on its staff a Physical Evaluation Board Liaison Officer (PEBLO). The PEBLO’s job is to offer counseling and provide assistance to Veterans as appropriate. You are encouraged to take advantage of the services provided by the PEBLO. If your re-examination is conducted by Maximus, the physician’s office/medical facility will be expecting you and is prepared to assist with questions and concerns you have about the process. Your Veterans Evaluation Liaison Officer (VELO), with duties similar to a PEBLO, may also be contacted for assistance.  See AR 635-40, para 7-5.

 

Where will my examinations take place?

Your medical file will normally be referred to the Army Medical Treatment Facility (MTF) closest to your home.  The hospital commander will be responsible for conducting the examination at his facility or scheduling it at another federal medical facility or civilian hospital/clinic at or near your home.  If your re-examination is being done by IWA, they will schedule you at a doctor’s office or medical facility that is normally within 150 miles of your home. 

 

When and how will I be scheduled for examination?

The USAPDA will forward a letter to the designated hospital four (4) months in advance requesting that a physical examination be conducted.  After an appointment has been made for you, the hospital commander will send you additional correspondence advising you of the exact date and time to report.  If your re-examination is being done by IWA, you will receive correspondence notifying you of the exact date(s) and time(s) of your scheduled appointment (s). See AR 635-40, para 7-9.

 

I was placed on the TDRL via the Department of Defense (DOD)/VA Integrated Disability Evaluation System (IDES) program.  Where will my examination take place?

Under current procedures, your reevaluation will be conducted the same as for individuals placed on the TDRL via the legacy (non-IDES) system.  Procedures described above apply to all TDRL members, whether placed on TDRL via IDES or legacy processing.

 

What do I have to bring to my TDRL reexamination?

You must bring copies of all medical records (civilian, Department of Veterans Affairs, military records, medication/pharmacy records) documenting all treatment you have received since placement on the TDRL or since the last TDRL re-evaluation, whichever is more recent. Your records will be reviewed by the physician who examines you, and will be included in the medical documents forwarded to the PEB. Failure to follow these directions can adversely affect your case and is grounds for suspending your disability payments.

 

Can I expect to complete my examination in one day?

Normally yes. You will probably be examined on an outpatient basis. However, occasionally, the nature of the examination and tests required may take more than one day, so be prepared to stay overnight or attend multiple appointments. Appointments are based on availability at the hospital. In some cases the MTFs may be able to conduct tele-medicine appointments over the phone with a physician. If the MTF is able to complete your exam via tele-medicine, no travel will be required. Your PEBLO or VELO will be able to provide you the details regarding your appointments.

 

What if I fail to report for a scheduled examination?

The law specifies that your entitlement to receive Army retired pay will be suspended if you fail to report for a physical examination without showing just cause. Once suspended, your entitlements are not reinstated until you undergo an examination. You must promptly notify your PEBLO or VELO at the MTF or office where your appointments are scheduled if you are unable to attend. Repeated failure to report for examinations may result in suspension of retired pay or administrative removal from the TDRL on the fifth anniversary of placement without entitlement to any of the benefits resulting from disability separation or retirement.  See AR 635-40, para 7-11b; 10 USC 1210.

 

What if I am physically incapable of traveling to the hospital by myself?

If medically required, a relative or friend can accompany you to a re-examination as a non-medical attendant. The attendant will be issued Authorization Orders for his/her trip and can be reimbursed for authorized expenses through the Defense Travel System (DTS). Requests must be made in advance with accompanying medical documentation citing the need for a non-medical attendant, and signed by the examining physician.  See AR 635-40, para 7-10e.

 

How will my examination be handled if I am living outside of the Continental United States?

If you reside in an overseas area (Europe or the Far East, for example), arrangements for your examination at the closest military hospital will be made by the overseas MTF commander.  If you live in Hawaii or Alaska, you will be examined at the installation MTF in those states.

 

Am I required to report for reexaminations if I am attending school or have a job?

Yes. You must report for your examinations even if they interfere with your job or school enrollment.  In this situation, USAPDA will furnish a statement, upon request, explaining the legal requirement for your absence to undergo a physical examination, which you can present to your employer or school officials.

 

Will I be paid for my personal expenses incurred while traveling to the MTF for my examination, and what if I do not have sufficient money to make the trip?

Yes you will be reimbursed. Reimbursement is determined in accordance with the Joint Travel Regulation (JTR). All TDRL travel will be processed using the Defense Travel System (DTS). If air or ground travel is required, travel arrangements must be made through the military Commercial Travel Office (CTO) by your assigned PEBLO/VELO prior to your travel. Rental cars must also be reserved through the CTO. If your trip is greater than 12 hours in duration, you are also authorized meal reimbursement. If you do not have sufficient money to make the trip, you may request a travel advance by contacting your PEBLO/VELO for assistance. You should do so at least 10 business days prior to your travel, and you must have a bank account in order for funds to be posted. You will be required to complete and submit to your PEBLO/VELO an Electronic Funds Transfer (EFT) form before your travel can be approved. Your PEBLO/VELO will also assist you with completing your form for reimbursement (DD form 1351-2) of authorized expenses. You must attach receipts for any expense over $75.00. Mandatory receipts regardless of cost that must be included with your voucher are zero balance lodging receipts and rental car receipts. It is strongly encouraged that you discuss your travel arrangements with your PEBLO/VELO prior to travel to the MTF to ensure that you are clear on your entitlements. The same rules apply for travel to a formal PEB if required.

 

Who should I contact if I have questions about my physical examinations or other matters pertaining to my status on the TDRL?

In addition to contacting your PEBLO/VELO, you may contact the USAPDA TDRL Branch at 1-855-863-0426 or via email at usarmy.pentagon.hrc.mbx.usapda-tdrl@mail.mil.

 

What if I do not receive my monthly Army retired paycheck or have other problems concerning my pay?

Contact the Defense Finance & Accounting Service (DFAS), at DFAS Military Retirement Pay, P.O. Box 7130, London, KY 40742-7130 or 1-800-321-1080.

 

If I elect to receive disability compensation or other benefits from the VA, where can I obtain information or assistance?

You should contact your local or regional VA office or visit their website at www.va.gov.


Disability Compensation for Vietnam Veterans Exposed to Agent Orange January 29 2019, 0 Comments

Vietnam Veterans may be eligible for disability compensation benefits because of exposure to Agent Orange. This article highlights the eligibility criteria and important information for filing a claim for benefits.

Criteria for Eligibility
In order for a Veteran who served in Vietnam to qualify for disability compensation benefits for a presumption based on exposure to Agent Orange, he or she should have:

A qualifying medical diagnosis, and
Proof of service in Vietnam.
Veterans without a qualifying medical diagnosis must show a connection between the disease and herbicide exposure during military service to receive disability compensation.

Qualifying Medical Conditions
Certain conditions qualify as presumptive, service-connected diseases. This means VA presumes they are related to a Veteran’s service in Vietnam. This includes the following conditions:

Chloracne or other acneform disease consistent with chloracne
Soft-tissue sarcoma
Non-Hodgkin’s lymphoma
Porphyria cutanea tarda
Hodgkin’s disease
Respiratory cancers (lung, bronchus, larynx, or trachea)
Multiple myeloma
Prostate cancer
Acute and subacute peripheral neuropathy, now classified as early-onset peripheral neuropathy
Type 2 diabetes mellitus
Chronic lymphocytic leukemia
AL amyloidosis
Ischemic heart disease
Chronic B-cell leukemia
Parkinson’s disease
In order to qualify for benefits, the following conditions must become noticeable to a degree of 10 percent or more within one year of the last date of exposure to Agent Orange:

Chloracne
Porphyria cutanea tarda
Early-onset peripheral neuropathy
There is no time limit for all other listed diseases.

Proof of Service in Vietnam
The Agent Orange Act of 1991 implemented under VA regulations requires “duty or visitation” within the Republic of Vietnam, including its inland waterways, between January 9, 1962, and May 7, 1975, to establish a presumption of Agent Orange exposure.

VA may also pay benefits based on exposure to herbicides for the following categories:

Veterans who served in a unit that operated in the Korean Demilitarized Zone between April 1, 1968 and August 31, 1971;
Vietnam-era Veterans whose service involved duty on or near the perimeters of certain military bases in Thailand between February 28, 1961 and May 7, 1975.

For more information, see: https://www.publichealth.va.gov/exposures/agentorange/locations/thailand.asp;
Veterans who operated, maintained, or served onboard C-123 aircraft from 1969 through 1986. See: https://www.benefits.va.gov/compensation/agentorange-c123.asp; and Other Veterans whose duty outside of Vietnam involved the direct handling of Agent Orange.


    Combat Injured Veterans May be Due a Refund January 29 2019, 0 Comments

    Information for Congressional Staff

    From IRS Legislative Affairs Division

    Congressional Affairs Program

    Topic:  Combat Injured Veterans May be Due a Refund

    Who it affects: Combat Injured Veterans Who Received a Lump Sum Disability Payment Inadvertently Treated as Taxable

    Key points: 

    Please share the following information with veterans and veteran’s groups in your district.

    From 1991 through 2016, approximately 130,000 combat injured veterans received disability severance payments that were inadvertently treated as taxable.

    In response to the Combat Injured Veterans Tax Fairness Act, in July of 2018 DoD issued a letter to eligible veterans advising that they may be due a refund. On July 11, 2018, IRS issued a news release advising that eligible veterans owed refunds attributable to disability severance payments should file amended returns for the year in which they received the payment to claim tax refunds.

    Veterans have one year from the date of the DoD letter (until July 2019), or three years from the due date of the return, whichever is later, to claim the refund. Eligible veterans have two options:

    1.      Use a simplified method to claim a standard refund amount. This method doesn’t require them to have the original tax return or contact the IRS to obtain information from the tax return.

    2.      Or, veterans can submit a refund claim based on the actual amount of their disability severance payment by completing Form 1040X, carefully following the instructions for Form 1040X.

    To help ensure that no combat injured veteran gets left behind, IRS sponsored Volunteer Income Tax Assistance sites can help eligible veterans claim their tax refund using the simplified method during the upcoming filing season.

    The simplified method is easy and the standard refund amounts are;

    • $1,750 for tax years 1991 – 2005
    • $2,400 for tax years 2006 – 2010
    • $3,200 for tax years 2011 – 2016

    Some, not all, VITA sites will be able to help eligible veterans claim a refund based on the actual amount of their disability severance payment. Claims based on actual amounts paid may be larger or smaller than the standard refund amounts.

    https://www.irs.gov/individuals/free-tax-return-preparation-for-you-by-volunteers

     


    Summary of VA Benefits for National Guard and Reserve Members and Veterans January 29 2019, 0 Comments

    As a member of the National Guard or Reserve you may qualify for a wide range of benefits offered by the Department of Veterans Affairs (VA). VA is here to help you and your family understand the benefits for which you may be eligible and how to apply for them. VA benefits include disability compensation, pension, home loan
    guaranty, education, health care, insurance, vocational rehabilitation and employment, and burial.

    https://www.benefits.va.gov/BENEFITS/benefits-summary/SummaryofVANationalGuardandReserve.pdf


    State Active Duty and Injuries Occurring during those times December 05 2018, 0 Comments

     

    Veterans Administration Benefits, Integrated Disability Evaluation System, Medical Evaluation Boards, and Physical Evaluation Boards (MEBs and PEBs)

     

    QUALIFYING SERVICE IN THE NATIONAL GUARD AND RESERVE

    Generally, all National Guard and Reserve members discharged or released under conditions that are not dishonorable are eligible for some VA benefits. The length of your service, service commitment and/or your duty status may determine your eligibility for specific benefits. Active Service. Eligibility requirements for several VA benefits include a certain length of active service. Active service in the National Guard or Reserve includes: » Active duty (Title 10) - full-time duty in the Armed Forces, such as unit deployment during war, including travel to and from such duty, except active duty for training, OR » Full-time National Guard duty (Title 32) – duty performed for which you are entitled to receive pay from the Federal government, such as responding to a national emergency or performing duties as an Active Guard Reserve (AGR) member A state or territory’s governor may activate National Guard members for State Active Duty, such as in response to a natural or man-made disaster. State Active Duty is based on state law and does not qualify as “active service” for VA benefits. Unlike full-time National Guard duty, National Guard members on State Active Duty are paid with state funds as opposed to Federal funds.  Call us.  We are extremely experienced in National Guard personnel and medical issues with a retired Human Resources Sergeant First Class on staff and former and current Army National Guard Judge Advocates.


    Army Discharge Review Board August 20 2018, 0 Comments

    The Army Discharge Review Board (ADRB) reviews discharges of former soldiers. The purpose of the review is to determine if the discharge was granted in a proper manner, according to regulatory procedures in effect at the time, and that the army applied the rules and regulations equally in the same sets of circumstances.

    Army Grade Determination Review Board August 20 2018, 0 Comments

    The Army Grade Determination Review Board (AGDRB) determines the grade at which a service member will retire. This has implications on a service member’s pay and benefits, so having a high retirement grade is a crucial consideration.


    MEB and PEB process August 20 2018, 0 Comments

    The medical evaluation board (MEB) and physical evaluation board (PEB) are entities used to determine whether physically and mentally able to continue to serve in the US military. If the physician believes that they are unfit to serve, they will be referred first to the MEB, which will determine if medical conditions enable him/her to meet retention standards. If retention standards are not met, the case will be transferred to the PEB, which will formally name the service member unfit for duty and determine his/her disability benefits percentage.


    Effect of Opiates August 20 2018, 0 Comments

    Long hours, mental strain, and frequent injuries that require pain medication often engender opiate addictions, making first responders such as police officers, EMTs, and active-duty service members especially susceptible. In fact, the USFA estimates that as many as ten percent of first responders may be abusing drugs. Opiate addictions can cost first responders their careers, if not their lives.


    Material Error - Military Promotion August 20 2018, 0 Comments

    Material error, also known as material unfairness, occurs when records are erroneous or incomplete because of negligence within the military

    US Army Claims August 20 2018, 0 Comments

    THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL

    How to file a claim against the United States Army:

    In the case of a negligent or wrongful act by the Army against a claimant, the claimant has the right to file a lawsuit against the military. In order to file a claim, the injured party must first file a Standard Form 95  (SF95) to inform the U.S. of his/her intent to file. Filing an SF95 gives the agency an opportunity to settle before reaching court and relieves court congestion.  

    The SF95 should include two things – the nature of pleading and the sum certain.

    The nature of pleading consists of all the circumstances surrounding the case, including any relevant facts, medical records, police reports, and signed statements. The claimant should number all records and provide a table of contents to make the document easily accessible.

    The sum certain is an exact amount of monetary damages claimed. It is important to state, in writing, the amount requested. Failure to state a sum certain constitutes a fatal defect in the claim.

    The claim must be filed at an appropriate agency within two years of injury or loss. The claim should be submitted by an attorney or legal representative and/or signed by the injured party. After the claim in filed, there is a mandatory six-month investigation/settlement period, where the agency is given the opportunity to settle with the claimant and the case is investigated. If no settlement is reached after six months, the claimant has an additional six months to file a lawsuit.

    One of our clients, who we will name as Ms. Anna Martin, was forced to file a claim against the U.S. Army. Ms. Martin volunteered at a Good Will thrift store at an army base, a building which had some construction defects. A set of metal stairs led outside, and the Army neglected to install stair grips or an awning to keep the stairs dry. The day Ms. Martin left the thrift store, it had been raining, and the stairs were slippery. With no hand grips, Ms. Martin fell down the flight of stairs and hurt her back and elbow. She was taken to the hospital and diagnosed with a compound fracture in her elbow and another in her wrist.

    Ms. Martin was forced to pay for some of her medical bills out of pocket, and was left with painful scars on her forearm. The accident limited her range of motion and prevented her from making a fist or grabbing small objects. She required more than a year of physical therapy.

    The U.S. Army was negligent in their failure to maintain the staircase, despite their knowledge that it became slippery when wet. Because of the Army’s knowledge of the dangerous staircase coupled with their refusal to repair it, they have the duty to compensate Anna Martin for her injuries and medical bills.


    LDES vs. IDES August 20 2018, 0 Comments

    THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL

                    The Disability Evaluation System (DES) is used to determine whether a service-member is physically and mentally able to continue to serve in the US military. The DES determines the service-member’s fitness for continued military service and the appropriate benefits he/she should receive if medically separated. The two Disability Evaluation Systems in place are the Integrated Disability Evaluation System (IDES) and the Legacy Disability Evaluation System (LDES).

                Most service-members seeking medical separation are entered into IDES. If requested, however, the service member can receive authorization from his/her commanding officer to waive IDES and enter instead into LDES.

                However, in certain instances LDES is required. Service-members in initial entry training may be directed into LDES by their commanding officers on a case-by-case basis despite their desire to remain in IDES.

                There are two major differences between the LDES and IDES systems. The first is the speed with which each case is processed; the second is the system’s integration with the VA.

                The IDES process is very lengthy and can take up to twelve months or more. LDES, in contrast, usually takes between six and eight months. Processing through LDES is much quicker than IDES, so if a service-member desires to leave quickly, LDES may be the better option.

                However, in IDES, the VA disability rating is integrated into the evaluation process. The service member will receive a VA Compensation and Pension exam, and the VA will examine all claimed conditions before the service member leaves active duty, including conditions not considered unfitting. If a service-member is separated or retiring due to a disability, both DOD and VA ratings will have been assigned, and receipt of his/her VA compensation should not be delayed, allowing payment to come sooner. In contrast, LDES does not calculate VA disability rating and compensation benefits. The service member will have to file claims with the VA after leaving the service. This may increase the possibility of errors occurring in filing for VA benefits, and it may take longer for veterans to receive payment.

                Choosing between IDES and LDES is an important decision in receiving medical separation from the military. The evaluation system selected will affect the length of time it will take to process the conditions, future benefits the service member will receive, and the complications in obtaining benefits after separation. Because it is not possible to switch disability evaluation systems during the process, it is crucial to make the right choice from the beginning.