This is how the system is suppose to work...
PDES in a Nutshell
Compensation and Benefits Handbook
Physical Disability Evaluation System in a Nutshell
Title 10 United States Code Chapter 61 governs the separation or retirement of military personnel. The PDES determines whether Service members (SM) are fit for duty or unfit and if unfit, what disability rating should apply to them. A PDES case begins with a Medical Evaluation Board (MEB), continues to an Informal Evaluation Board (IPEB) if the MEB believes that unfitting conditions are present and then proceeds to a Formal Physical Evaluation Board (FPEB) review if the Service member request one.
The MEB evaluates whether Service members have incurred an injury or illness that calls into question their ability to perform the duties of their office, grade, rank or rating. The MEB is usually performed at the nearest military treatment facility. The commanding officer or treating physician requests the MEB evaluation: the service member does not self-refer.
The role of the MEB is to:
1. Determine whether the individual meets the Service’s physical retention standards.
2. Document the medical problems.
3. Define limitations (if any) imposed by the condition.
4. Explain how the condition affects the Service member’s ability to perform the duties of his or her office, grade, rank or rating.
The MEB then forwards the case to the IPEB for adjudication. The IPEB is an administrative board that reviews the medical and personnel files and determines whether the Service member is fit for duty. If the service member has “unfitting conditions” that are medically unacceptable for continued service, the IPEB will determine whether these conditions were incurred during or aggravated by active service and in the line of duty. If they were, the IPEB applies the Department of Veterans Affairs Schedule for Ratings of Disabilities (VASRD) to the unfitting conditions. Medical conditions that are not unfitting are not rated in the PDES. The IPEB evaluation is a review based solely on the documented record and the Service member is not present for this portion of the PDES. The Service member can accept of non-concur with the IPEB determination of fitness and/or disability rating.
Service members have the right to rebut or non-concur with an IPEB finding and to appear before an FPEB in person (at government expense). They may present any evidence on their behalf and have a government attorney appointed to assist them. They may choose to hire their own attorney, or the Military Service will provide an attorney at no charge. The IPEB performs a complete review of the entire case using all documents that were presented at the IPEB, any new documents presented by the service member (or representative) and any testimony from the Service member if he or she has chosen to be present.
PDES Dispositions
The final determination of the PEB at the IPEB, FPEB or appellate review for cases under study resulted in one of the following dispositions.
Fit for Duty
A determination of a fit for duty returns a Service member to his or her former duty status. The service Member may have some limitations but no medically unacceptable conditions are present. The Service member is able to continue to serve in the military.
Separation With Severance Pay
Service members are found unfit for military service if they have one or more medical conditions that do not meet retention standards and cause them to be unable to fulfill the duties that are appropriate to their grade and military occupational rating. If the combined disability rating for all unfitting conditions is 0 percent, 10 percent or 20 percent, the Service member will receive a lump sum severance payment.
Separation Without Severance Pay
In certain situations, a Service member may have medical conditions that are unfitting for military service but do not qualify for severance pay. For instance, the PEB may determine the disability was EPTS (Existed Prior to Service) and was not aggravated by military service. Another reason would be that the disability was incurred during a period of active service but was not in the line of duty- for instance the Service member was absent without official leave or was involved in committing a criminal act at the time of the injury. In these situations, the Service member is not eligible to continue on active duty due to the unfitting conditions and is separated without any severance pay.
Temporary Disability Retirement List (TDRL)
If a service member is rated with a disability of 30 percent of more and the PEB determines the condition is probably permanent but not stable, then the Service member is placed on TDRL. He or she will be reevaluated within the next 18 months to see whether the condition has stabilized for a permanent rating. Within 5 years a permanent disposition must be made. The final determination is based on a evaluation of a stable medical condition at the time of the last re-evaluation. A Service member on TDRL rated at 30 percent, 40 percent or 50 percent will receive 50 percent of his or her base pay (most Service members’ base pay would be calculated using a “high-3” formula). Those rated at 60 percent or 70 percent receive that proportion of their base pay and those rated higher are limited by law to receive 75 percent. Service members placed on TDRL receive all other military retirement benefits, such as coverage for health care under TRICARE and access to the commissary and PX/BX.
Permanent Disability Retirement List (PDRL)
A Service member with a disability considered to be stable and has a total disability rating of 30 percent or more, regardless of his or her years of service will be placed on the PDRL. (Service members with a total disability rating that is less than 30 percent but have more than 20 years of service can be permanently retired rather than receive severance pay). Retired pay is computed in two ways, one way is to multiply the Service member’s retired pay based with his or her disability percentage and the second way is to multiply his or her retired base pay with 2.5 percent of his or her years of credited active duty service. The calculation yielding the more favorable compensation to the service member is used. The minimum benefit is 30 percent of base pay and the maximum benefit is 75 percent. PDRL also confers all other military retirement benefits.
