Jason Perry is the founder of this site. He is a practicing attorney who deals exclusively with military disability and related issues. He is a former Army JAG who served at the Army's TX Formal PEB as Chief, Soldier's Counsel. Nothing on this site should be considered legal advice. If you wish to contact Mr. Perry, please see his profile for contact information.
The Army Physical Disability Agency has published a memorandum modifying the standard used in determining placement on the Temporary Disability Retirement List (TDRL). You can download the entire memo here: Medical Principles: Presumption of Soundness - Downloads - Physical Evaluation Board Forum . Though the memorandum clearly states that a member will be permanently retired unless it is shown by clear and convincing evidence that the members condition is likely to change over the next five years, I believe that there is a confusing and possibly erroneous explanation of this policy contained in the guidance.
The relevant portions are excerpted here:
"Part II: Placement on the TDRL
There are two types of PDES cases. The first type is the “legacy” case. In this type of case, the PEB assigns the disability rating. The second type of PDES cases is the “DES Pilot case” or other cases where the VA assigns the...
The Department of Defense recently updated the timelines for processing of IDES cases. The resource for DoD Directive-Type Memorandum (DTM)-18-004 – “Revised Timeliness Goals for the Integrated Disability Evaluation System (IDES)," can be found here:
I intend to post a detailed timeline at each phase in the future. For now, know that the overall processing of IDES cases should be processed faster (from 295 days to 230 days- basically, two months faster).
Just a heads up on a few tidbits of information that may be of interest to folks!
First, the Army is apparently consolidating the PEB sites to San Antonio (Joint Base San Antonio-Sam Houston). I have heard from two sources that the Army is moving all PEB operations to JBSA San Antonio. This includes the Army Physical Disability Agency.
Next, it is my understanding that the Coast Guard is working on a separate agreement with the Department of Veterans Affairs to implement an "IDES-like" system, where the Coastie will be rated by the VA for any conditions found unfitting by the Coast Guard. This is technically not the IDES, but the end result is supposed to be the same.
This case is very important. First, as far as its impact, it is a decision of a three judge case before the US Court of Appeals for the Federal Circuit. This is a court above the US Court of Appeals for Veterans Claims (and one level of judicial review below the US Supreme Court). This case may be appealed to the Supreme Court, but, for now, this case is binding law.
As far as substance, it is HUGE. The reason for this is two-fold. First, it impacts a huge number of cases. Second, it states...
Military.com 22 Mar 2018 By Amy Bushatz
As many as 45,000 Tricare households or beneficiaries could be disenrolled from coverage because their payment information was not updated when the agency changed regional contractors early this year.
Affected users are retirees who use Tricare Prime and do not pay their annual fee through paycheck allotment and those who use the purchased Tricare Reserve Select...
Let's discuss the most important parts of the policy memorandum.
"The Deputy Secretary of Defense directed the following interim policy guidance, which will remain in effect until the Department issues a DoD Instruction on reporting and retention of non-deployable Service members:
• Service members who have been non-deployable for more than 12 consecutive months, for any reason, will be processed for administrative separation in accordance with Department of Defense Instruction (DoDI) 1332.14, Enlisted Administrative Separations, or DoD Instruction 1332.30, Separation of Regular and Reserve Commissioned Officers, or will be referred into the Disability Evaluation System in
accordance with DoDI 1332.18, Disability...
More than 133,000 vets may qualify for this tax refund windfall
From Army Times. By Karen Jowers.
"More than 133,000 veterans may qualify for a refund of federal taxes they paid on disability severance pay dating back to 1991 ― taxes that shouldn’t have been collected in the first place.
Within the next month, Defense Department officials will send notification letters to veterans that they may be eligible for the refund, said Army Lt. Col. David Dulaney, executive director of the Armed Forces Tax Council.
Eligible veterans will have a year after they receive the notice to file a claim for the refund.
As anyone who has followed the news knows, Congress failed to pass a spending bill on January 19, 2018.
This article and thread is for information and discussion of the impact of the shutdown on the Disability Evaluation System, military disability compensation and benefits, and related issues. (Some of the links posted are general in nature, so there will be some overlap with discussion or information of other government services impacted by the shutdown in the links provided).
Starting off, I will say that we don't know how long this shutdown and the impasse will last. Historically, it has not lasted very long. The longest shutdown in US history was for 21 days.CNN: History of shutdowns. This time may be different. We will have to see how things progress. However, the average time for a shutdown has been a few days.
Here are a few links discussing the history of shutdowns and...
Thanks as always for your participation and being part of this PEB FORUM community!
I have gone through a lot of work to update the site over the past few months. Let me explain a bit.
First, when I say "update," it truly is an update. The forum software is Xenforo. (A great software for forums!) The Xenforo platform is what have used for the past several years. It is, in my estimation, the best out there. That said, it has taken a long (or maybe more accurately, a Loooooooonggggggggg) time for me to and the various pieces (software platform, hosting, add-ons, etc., etc., and probably others) to get things working the way I hoped and expected. Along the way, I have had to spend a lot of money to not only maintain but to try to advance the site. To date, I am not really satisfied with the results over the last year or so....but, I am pleased with recent developments).
Additionally, I have changed hosting providers, have increased the site's...