Fighting a command directed LDES?

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bingobronson

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I'm active duty Air Force, stationed in Italy, and have been in for 11 years. I was diagnosed with BD II in August, referred for an MEB in September, and got an updated diagnosis of BD I and severe social anxiety in November. I've just just now (1 Feb) been directed to do an LDES by my commander. Medical and my PEBLO have been trying to get me to sign the LDES memo since September. A separate PEBLO that did my initial brief advised against it when they first asked, and the ODC has advised me not to sign it until my cc made a decision either way. My PEBLO has been extremely unhelpful, and even the ODC has said they don't know what she's doing. I'm trying to figure out the best way to fight this if there is any. I would much prefer to do IDES if possible. Aside from the VA benefits and difference in ratings, I also have some other issues that I would like to be considered as well.


If it matters, the stated reason is that per medical, I need to be back in the states as soon as possible so that I can attend more intensive treatment and get prescribed medication for my disorder. This reasoning and the NARSUM they wrote are based in the 6 days I was hospitalized here at my duty station, where I met with a psychologist maybe 3 times for about 30 minutes each time. I went back to the states from Sep-Nov to attend PHP, which is the more intensive treatment they claim I still need, and also got put on medication that has been working for me. I left with a recommendation to continue one on one therapy once a week, which I've been doing. I've been back in Italy since then with no significant mood issues. My commander directed LDES because of the info they gave him and not anything that I mentioned.

Any advice or information would be greatly appreciated.
 
bingobronson said:
I'm active duty Air Force, stationed in Italy, and have been in for 11 years. I was diagnosed with BD II in August, referred for an MEB in September, and got an updated diagnosis of BD I and severe social anxiety in November. I've just just now (1 Feb) been directed to do an LDES by my commander. Medical and my PEBLO have been trying to get me to sign the LDES memo since September. A separate PEBLO that did my initial brief advised against it when they first asked, and the ODC has advised me not to sign it until my cc made a decision either way. My PEBLO has been extremely unhelpful, and even the ODC has said they don't know what she's doing. I'm trying to figure out the best way to fight this if there is any. I would much prefer to do IDES if possible. Aside from the VA benefits and difference in ratings, I also have some other issues that I would like to be considered as well.


If it matters, the stated reason is that per medical, I need to be back in the states as soon as possible so that I can attend more intensive treatment and get prescribed medication for my disorder. This reasoning and the NARSUM they wrote are based in the 6 days I was hospitalized here at my duty station, where I met with a psychologist maybe 3 times for about 30 minutes each time. I went back to the states from Sep-Nov to attend PHP, which is the more intensive treatment they claim I still need, and also got put on medication that has been working for me. I left with a recommendation to continue one on one therapy once a week, which I've been doing. I've been back in Italy since then with no significant mood issues. My commander directed LDES because of the info they gave him and not anything that I mentioned.

Any advice or information would be greatly appreciated.
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consult legal. Your PEBLO is a paper-pusher. Also, this is BS. They can move you stateside and do IDES there. Contact your congressperson back home too. LDES has less protections and the Army gets to decide your rating instead of being required to follow the VA's ratings.
 
Provis said:
consult legal. Your PEBLO is a paper-pusher. Also, this is BS. They can move you stateside and do IDES there. Contact your congressperson back home too. LDES has less protections and the Army gets to decide your rating instead of being required to follow the VA's ratings.
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I've been talking with legal and they're working on it with me as well, just want to be sure I'm exhausting my resources. I've asked multiple times to be sent stateside for VA appointments and the doc that signed/pushed for LDES lied to me and told me that going back to the states would automatically initiate LDES.
 
File a complaint against the doc. Stay in touch with the lawyers. If the command doesn't back off, file an IG against the command. What they are trying to do is ILLEGAL. As in, against the law.
 
bingobronson said:
I'm active duty Air Force, stationed in Italy, and have been in for 11 years. I was diagnosed with BD II in August, referred for an MEB in September, and got an updated diagnosis of BD I and severe social anxiety in November. I've just just now (1 Feb) been directed to do an LDES by my commander. Medical and my PEBLO have been trying to get me to sign the LDES memo since September. A separate PEBLO that did my initial brief advised against it when they first asked, and the ODC has advised me not to sign it until my cc made a decision either way. My PEBLO has been extremely unhelpful, and even the ODC has said they don't know what she's doing. I'm trying to figure out the best way to fight this if there is any. I would much prefer to do IDES if possible. Aside from the VA benefits and difference in ratings, I also have some other issues that I would like to be considered as well.


If it matters, the stated reason is that per medical, I need to be back in the states as soon as possible so that I can attend more intensive treatment and get prescribed medication for my disorder. This reasoning and the NARSUM they wrote are based in the 6 days I was hospitalized here at my duty station, where I met with a psychologist maybe 3 times for about 30 minutes each time. I went back to the states from Sep-Nov to attend PHP, which is the more intensive treatment they claim I still need, and also got put on medication that has been working for me. I left with a recommendation to continue one on one therapy once a week, which I've been doing. I've been back in Italy since then with no significant mood issues. My commander directed LDES because of the info they gave him and not anything that I mentioned.

Any advice or information would be greatly appreciated.
Click to expand...
File a Reprisal Whistle-Blower Complaint with DOD IG. The reprisal is that they are forcing you into a LDES and denying you the protections of an IDES. This will most likely result in denial of pay, benefits, and treatment post separation. Don't waste anytime trying to get resolution through your Wing/Command. They could care less about you. Don't waste time with a standard IG complaint, it will just get routed back to your Wing for resolution.

Link:

 
DoDI 1332.18

1.2. POLICY.
a. The Disability Evaluation System (DES) is the mechanism for determining fitness for duty because of disability, and whether a Service member (including initial entry trainees, Military Academy cadets, and midshipmen) found unfit for duty due to disability will be separated or retired.
b. Service members will proceed through one of the DES processes, the Legacy Disability Evaluation System (LDES) or Integrated Disability Evaluation System (IDES).
c. Service members will process through the IDES unless the Secretary of the Military Department concerned:
(1) Approves a Service member’s request to be enrolled in LDES;
(2) Directs the Service member into LDES for a compelling and individualized reason; or
(3) Directs the Service member into LDES after the Service member refuses to claim or submit a Department of Veterans Affairs (VA) disability claim for a potentially unfitting condition.
d. In accordance with Title 10, U.S.C. and Part 4 of Title 38, CFR, the standards for all determinations related to disability evaluation will be consistently applied to all Service members, both Active Component (AC) and Reserve Component (RC). This includes Service members in active duty and non-active duty (NAD) status.
e. Pursuant to Chapter 61 of Title 10, U.S.C., RC Service members who are in an NAD status, not on a call to active duty for more than 30 days, and are pending separation for non- duty-related medical conditions, may, with the consent of the Service member, receive a determination of fitness and whether the unfitting condition is duty related.
f. Pursuant to Section 12301(h) of Title 10, U.S.C., RC Service members may, with the consent of the Service member, be ordered to active duty to receive authorized medical care or to be medically evaluated for disability or other purposes.
 
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