Help with current IDES/LDES regs

M

mighty

PEB Forum Regular Member
Registered Member
Hey all,
I'm currently 100 % P&T for PTSD, (as well as rated for other ailments) Im in the start of a MEB, but I'm being told I can't choose between LDES/IDES. Told I have to request a waiver signed by an MTF commander for a specific type of hardship it would cause(Exception To Policy). And protecting current VA rating isn't a viable reason. Was referenced to some 2 plus year old MEDCOM memo stating such (Feb 2018). Now I'm on suspense and have 3 days left. Either just get out and live with my benefits as is, or extend and take my chances in IDES. I Feel like I have no where to get proper info. Everything I've read indicates being able to choose one or the other. I do not want to go through a VA C&P when I'm T&P.. Please advise!! TY
 
I just spoke with a lawyer through the AOC for free and he said it would be in my best interest to go through the LDES and he signed a paper. My PEBLO sent that to the MTF commander and he signed and agreed and that worked for me.
 
Thanks for your reply. I’m being told that it’s basically a zero chance I’d get put in LDES and was also told by a private attorney and the OSC attorney to go IDES anyway. OSC says I can go IDES without losing VA 100 P&T by not filing out VA/DOD joint claim form. VA21-0819. I’m skeptical of that bc what I’m being referred to meb for is what I’m 100 P&T for.
 
mighty said:
Thanks for your reply. I’m being told that it’s basically a zero chance I’d get put in LDES and was also told by a private attorney and the OSC attorney to go IDES anyway. OSC says I can go IDES without losing VA 100 P&T by not filing out VA/DOD joint claim form. VA21-0819. I’m skeptical of that bc what I’m being referred to meb for is what I’m 100 P&T for.
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I went through the LDES and was just separated in NOV. You can do it the MED group commander and a lawyer has to sign off that you understand what you are doing and that you except the results.
 
Josh I'm in a similar situation. Just recently signed signed a LDES Memo advising that I am requesting the LDES and that I have been given an opportunity to consult with OSC and an attorney. My Company Commander signed off on it. Will this suffice to keep me in the LDES?
 
I don't understand why people go LDES. Even if you are 100%P&T. If you are that level of disabled you will get the same result in IDES since the VA is the one that does the rating. LDES has many pitfalls while IDES gives you a lot more protection to include more opportunities to correct errors. If you talk to any attorney that practices in this area they will advice IDES. IDES was created because LDES is terrible and doesn't protect the Soldier. Its not a fair shake. In IDES the DOD MUST use the ratings that the VA gives that ailment. That is not the case for LDES.
 
The OSC lawyer and the Medical group commander will sign off on it.

LDES is way faster than IDES. In the IDES they can decide that on the day you get your rating for the IDE you injuries aren't that bad and you can have your VA rating lowerd. So if you are already rated 30% for a VA disqualifying condition listed in the M21 they would have to use that rating and metically retire you. So if you already qualify for a medical retirement and have a high VA rating why would you go through the whole IDES and waste more time?
 
Point taken, I have indeed consulted with an attorney who specializes in MEB. The attorney supports my selection. I'm just asking about the memo.
 
As long as the lawyer and the medical commander sign off the memo doesn't really matter. It's really just used to explain why you want to go LDES.
 
Josh C said:
As long as the lawyer and the medical commander sign off the memo doesn't really matter. It's really just used to explain why you want to go LDES.
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Is there any real chance that I won't get the LDES Memo signed off by them? Not sure of it matters but my Commander signed the memo before sending it back to my case? Not trying to do anything to risk my 100% P&T. It's a bit unnerving not knowing.
 
They shouldn't be any problems. You just have to explain that you don't want to go through the whole process that you've already completed. I didn't have a problem with mine but then everyone was really tired of dealing with me.
 
Josh C said:
They shouldn't be any problems. You just have to explain that you don't want to go through the whole process that you've already completed. I didn't have a problem with mine but then everyone was really tired of dealing with me.
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Would this written request be separate from the LDES Memo I submitted?

MEMORANDUM FOR MEB Board Date 04/14/2021 SUBJECT: Requesting Enrollment in the Legacy Disability Evaluation System (LDES) In Lieu of the Integrated Disability Evaluation System (IDES) 1. I ×××××× am requesting to be processed through the LDES for my P3/P4 profile condition(s). I understand that the justification must clearly demonstrate the detrimental impact of processing through IDES on myself or the Army and how the impact would be significantly reduced if the LDES process is used. My reasons for the request are:
 
Josh C said:
That's looks really solid
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Thanks brother, I appreciate the help! I listed below my compelling reasons and my Company Commander to approve it before we sent it back to my case manager. MEB Packet is COMPLETE. Hope it sticks.
 
It will all work out. The whole process can be really stressful. It will be all done before you know it and you'll be onto the next chapter in your life.
 
Living4Fam said:
Would this written request be separate from the LDES Memo I submitted?

MEMORANDUM FOR MEB Board Date 04/14/2021 SUBJECT: Requesting Enrollment in the Legacy Disability Evaluation System (LDES) In Lieu of the Integrated Disability Evaluation System (IDES) 1. I ×××××× am requesting to be processed through the LDES for my P3/P4 profile condition(s). I understand that the justification must clearly demonstrate the detrimental impact of processing through IDES on myself or the Army and how the impact would be significantly reduced if the LDES process is used. My reasons for the request are:
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Hello,

I am currently on the same situation 100% VA and in the process for LDES from Army reserve. I receive this memo but I dont know what to put on the reason A.B.C section. Can someone help? Thank you in advance
 
Provis said:
I don't understand why people go LDES. Even if you are 100%P&T. If you are that level of disabled you will get the same result in IDES since the VA is the one that does the rating. LDES has many pitfalls while IDES gives you a lot more protection to include more opportunities to correct errors. If you talk to any attorney that practices in this area they will advice IDES. IDES was created because LDES is terrible and doesn't protect the Soldier. Its not a fair shake. In IDES the DOD MUST use the ratings that the VA gives that ailment. That is not the case for LDES.
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100% agree.
 
Josh C said:
I just spoke with a lawyer through the AOC for free and he said it would be in my best interest to go through the LDES and he signed a paper. My PEBLO sent that to the MTF commander and he signed and agreed and that worked for me.
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how do I go about this I was Med boarded once before but I was able to receive a waiver to reenlist. Once I came back into the service my injuries has acted up and never healed. I have talked to my pcm and she is sending me to med board and recommended ides and when she talked to commander, he said recommend ides. How can I go into LDES if command said ides also I talked to the commander the first time and he was mad and, in a way, accusing me of just wanting benefits. I thought about trying to talk to him again since I read that I can ask for LDES. Do i have to have the commander sign off or can I go to a lawyer and medical commander first or can the medical commander overrule my commander?
 
how do I go about this I was Med boarded once before but I was able to receive a waiver to reenlist. Once I came back into the service my injuries has acted up and never healed. I have talked to my pcm and she is sending me to med board and recommended ides and when she talked to commander, he said recommend ides. How can I go into LDES if command said ides also I talked to the commander the first time and he was mad and, in a way, accusing me of just wanting benefits. I thought about trying to talk to him again since I read that I can ask for LDES. Do i have to have the commander sign off or can I go to a lawyer and medical commander first or can the medical commander overrule my commander?
 
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