Prepairing for my PEB and trying to figure out the difference in IDES & LDES when I already have a 90% rating from the VA. Which way 2go?
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As a follow up to the previous post- http://www.pebforum.com/site/thread...of-legacy-disability-evaluation-system.39004/ , I have gotten clarification for the "authority" for what I believe is the improper referral of some case to the LDES (despite "waivers" for the referral to this process). The memorandum cited as authority for these LDES referrals can be found in the Resources section of this site. Here is a handy link: http://www.pebforum.com/site/resour...n-the-legacy-disability-evaluation-system.85/ I think this memorandum conflicts with the guidance in DoDI 1332.18: (http://www.pebforum.com/site/resources/dodi-1332-18.50/) and with the guidance in DoDM 1332.18 vol II: (http://www.pebforum.com/site/resources/dod-manual-1332-18-volume-2.53/) Note that the authority in the AF Memorandum is the Air Force Principal Deputy Assistant, Secretary of the Air Force (Manpower and Reserve Affairs). The authority in the DoD Memorandum is the Under Secretary of Defense for Personnel and Readiness, who is superior in authority to the Air Force deputy Secretary.
I have an important advisory and issue of great importance for Air Force Reserve Component Members (Air Reserve and Air National Guard members). A few weeks back a colleague of mine called me and asked whether I had heard of ARC/ANG members being processed through the Legacy Disability Evaluation System (LDES). My friend shared a story of a client who was an AF Reserve member who was referred to the MEB and then the PEB notified his client that he was being processed by the PEB as an LDES case. The client had a current VA rating that was higher than the PEB decision. I was asked what I thought of this and I said that this made no sense and seemed patently illegal. I thought this was just an error or an aberration- until the next day when a prospective client, and ANG member called me and related that while in the MEB process, he was asked to "elect" the LDES process by his PEBLO because his case would be processed faster. My opinion is that this is a patently illegal processing of cases. It is very disturbing to me that this improper use of LDES processing is essentially a policy action by the AF PEBs for ARC/ANG members. Both cases are still processing and there is no definitive answer as to the resolution of this issue, but, I wanted to alert folks about this and let folks know not to agree with LDES processing in cases where they should be processed by the Integrated Disability Evaluation System (IDES). Here is a quick overview of the history and differences between the systems. The "traditional" of LDES system is what was in place for all cases prior to about 2008-2009. The LDES is where members are reviewed by the PEB, which determines both a members fitness and the disability rating assigned for any unfitting condition. After many complaints about the PEBs assigning low ratings for conditions that were then found by the Department of Veterans Affairs (VA) using the same...