Army Reservist Referred to DES, DOD Rating Question

Hello,

I'm an Army Reservist at 16 years time in service, three deployments to combat zones, all airborne hazard locations. My main condition, systemic sarcoidosis, which is presumptive under the PACT Act and is VA rated at 100% by itself, with my remaining claims equaling over 60%, to award me SMC-S. After honestly answering PHA questions for the past two years in the Army Reserves, I've been referred to DES via an emailed counseling statement. Since I see that in "AR 40-501, Standards of Medical Fitness, 3-26 Systemic Conditions, g. Sarcoidosis" is listed, and this language matches the reason listed on my permanent P3 profile issued by USAR Medical Management, how does the DOD rate my condition separately from the VA? I wanted to know if I would be likely to make it over the DOD 30% to be medically retired.

After searching the forums, it doesn't seem like the DOD rating matches the VA rating while going through IDES. Additionally, any guidance that you all could provide me as I go into this process as a Reservist would be greatly appreciated. I've already retained an attorney that's represented someone else in my unit when they were medically retired from deployment. (This unit is an illness cluster for airborne hazards/diseases, one of our E9s died earlier last year from sarcoidosis.) Advice would be great, also advice on how to deal with your career abruptly ending for medical reasons would also be great. Thanks much.

 

[teey]

Just got done with this process myself as a reservist. I don't think I saw it, but are you already rated by VA for this condition already?
As a reservist when I went through the process started in January 2024, retired in October 2024 with 75%DOD. I was already 100% P&T before I even begin IDES.

 

[RetiredAtty]

Based on your comments, I’m assuming you were referred to the Integrated Disability Evaluation System (IDES) based on the Army’s conclusion that your sarcoidosis was incurred or aggravated in the line of duty. That is a significant hurdle to have overcome because the Army Medical Management Center (ARMMC) is notorious for concluding that medical conditions of RC Soldiers are not duty-related.

Under the IDES, there are “referred conditions” and “claimed conditions.” The referred conditions are the ones that the Army has decided fail retention standards and are likely to prevent you from performing your duties (in your case, sarcoidosis is one, but there may be others). The “claimed conditions” are those conditions you claim on the VA Form 21-526EZ. It is normally best for a Soldier always to claim all of his conditions on the VA claim form, including any referred conditions, even if the Soldier already has pre-existing VA ratings for those conditions. The PEB considers only the referred conditions in deciding unfitness and a military disability disposition.

The VA Disability Rating Activity Site (DRAS) provides the PEB with the ratings the PEB uses for any referred conditions the PEB finds unfitting. The DRAS also provides ratings for any service-connected claimed conditions that will be applicable for VA benefits, but not for military disability ratings purposes.

You and your counsel should be mindful that when DRAS rates your unfitting, referred sarcoidosis, VA regulations mandate that DRAS is bound by your prior VA rating of 100% for the condition absent clear and unmistakable error with that prior rating. See 38 C.F.R. § 3.104(c) (“Any finding favorable to the claimant made by … a VA adjudicator, as described in § 3.103(f)(4) … is binding on all subsequent agency of original jurisdiction … adjudicators, unless rebutted by evidence that identifies a clear and unmistakable error in the favorable finding.”). "Clear and unmistakable error" refers to a level of proof so strong that it is undebatable and leaves no room for doubt. So absent some miraculous improvement in your condition, it is unlikely that such evidence or error would exist to justify a less than 100% rating.

If DRAS as it is sometimes inclined to do, rates an unfitting referred condition lower than a pre-existing VA rating, you have a sound basis to submit a one-time VA request for reconsideration and, if that is not successful, to seek higher level review at the VA that can be used for an ABCMR petition.