- SELECTED ISSUES IN RESERVE COMPONENT IDES PROCESSING March 20 2014, 0 Comments

Reserve Component IDES Processing

If you are a member of the Reserve Component facing the unique challenge of navigating either the Army Physical Disability Evaluation System or the Integrated Disability Evaluation System, allow the lawyers of Thomas Roughneen and Associates to assist you; we are uniquely situated and sympathetic to the issues and challenges faced by Reservists and National Guardsmen and women. 

Eligibility for APDES

Title 10 U.S.C. 1074 and Army Regulation 40-400 establish that Reserve Component Soldiers who incur or aggravate an injury, illness, or disease in the line of duty while on Active Duty are entitled to medical and dental care appropriate for the treatment of the injury, illness, or disease until the resulting disability cannot be materially improved by further hospitalization or treatment.  Included are soldiers traveling to and from Inactive Duty Training, Soldiers performing Active Duty for less than 30 days; or funeral honors.

The disability, in order to be compensated, must have occurred while the Service Member was in the performance of duty and the PEB must find the unfitting condition was the proximate result of performing the duty.  It is vital that Line of Duty’s are prepared by the Soldier’s unit as they are often used to establish that the disability was incurred or aggravated while the member was in duty status.  Reserve component soldiers who are determined to be unfit based on injuries incurred in the line of duty are entitled to the same benefits and processing as Active Component soldiers.   If the soldier is found to be unfit due to a disability not incurred while entitled to base pay, they can be separated through a non-duty related process. 

The Department of Defense Instruction (DODI) authorizes healthcare for Reserve Component members who have a line of duty injury, illness, or disease.  Additionally, Reserve Component members can receive pay and allowances while being treated for these conditions if a loss of earned income due to the condition can be established, commonly referred to as INCAP pay.    The DODI also establishes policies for ordering a Reserve Component member to Active Duty or continuing Active Duty to receive authorized medical care or to be evaluated for medical disability. 

As a Reserve Component soldier, you face a variety of issues, to include access to resources, compensation while participating in the disability evaluation process, and potential loss of certain legal presumptions if barracks lawyers improperly informed you to “just go home, get treated by the VA, and go through the MEB later.”  It is time to put a team of experienced attorneys on your side, you are not alone and you are entitled to collect the debt the government owes you for your service related disabilities.  Thomas Roughneen and Associates is dedicated to military members like you, you deserve recompense; we are privileged to help you achieve that mission.