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...
Please note that the VA has been updating the VASRD. Currently, the VA has updated the schedule for the following conditions with criteria that are not updated in this forum: Hemic and Lymphatic systems, Dental and oral conditions, Conditions related to the endocrine system, Gynecological conditions and disorders of the breast Diseases of the eye, Skin conditions. I am working on updating the VASRD listings on the forum. In the meantime, you can find the most recent ratings here:
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: https://www.pebforum.com/resources/directive-type-memorandum-dtm-18-004-revised-timeliness-goals-for-the-ides.100/ 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). Note the effective date is July 30, 2018.
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.
Jason Perry submitted a new resource: Saunders v United States - Federal Court of Appeals case stating pain is a basis for VA compensation
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...