Non-Duty PDES Breakdown

[BigRig6262]

Hey everyone

I’m currently in the U.S. Army Reserve and was recently informed by AR-MMC that my case has been reviewed and classified as non-duty related because no Line of Duty (LOD) was filed.

Here’s my situation:

• I was on Title 10 active duty orders for an extended period, and some pretty awful things happened during that time that led to trauma.

• During that period, I had about five months of documented behavioral health treatment where providers noted high stress, depression, anxiety, and other psychological disorders. I was also prescribed medication for depression and anxiety for several months.

• After returning to Reserve status, I continued care and was officially diagnosed with PTSD by a VA clinic therapist.

• I haven’t been able to return to drills due to symptoms and triggers, and I’ve been deemed non-deployable.

• ARMMC placed me on a permanent profile and gave me 45 days to decide between the following options:

1. Honorable discharge (since I have under 15 years of service), or

2. Request referral to the PDES (Physical Disability Evaluation System) to determine whether I’m fit for duty and whether my “non-duty-related condition” could still be considered service-connected.

Here’s where I’m confused and could use some insight:

• If they already determined my condition is non-duty related due to no LOD being filed, how does the PDES go about deciding whether it’s service-connected?

• Will they still consider my Title 10 medical records, VA therapist letter, and documentation showing the trauma originated from my active-duty work?

• If I don’t go the PDES route, or I do and service connection isn’t determined, will that impact me from getting VA disability benefits later on, or is that process completely separate?

• Lastly, for anyone who has gone through the non-duty PDES route, what did the process look like, and would you recommend going that route instead of simply accepting an honorable discharge?

Any insight or firsthand experience would be greatly appreciated — especially regarding documentation, what to expect during the review, and how this decision might impact VA benefits down the line. This process is confusing, and I’m just trying to make the most informed choice possible.

 

[RetiredAtty]

Based on your factual representations, it would appear that you have a sound basis to convince ARMMC or the Army Human Resources Command (HRC) that your behavioral health condition is duty related because it was incurred or aggravated during a period of active duty service greater than 30 days. The key documents in that regard will be the orders placing you on Title 10 active duty during which you incurred or aggravated your medical condition, your DD Form 214 for the period of active duty, and most importantly any and all Army medical records or personnel records showing your behavioral health treatment during the active duty period and at any other time. Your VA rating decisions and any VA medical records including the VA therapist letter linking your current VA rating to your AD service are also important, but not as important as the contemporaneous Army records.

Your unit should have completed a LOD while you were on AD and being treated, but that omission is very typical of the Army Reserve, particularly the Army National Guard. However, you still have the ability to argue to ARMMC and to HRC that your condition is duty related and that you should be referred to the Integrated Disability Evaluation System (IDES) for a possible disability retirement (requiring a disability rating of 30% or more) or a disability severance payment if your rating is less than 30%.

To keep your options open, you should elect the option to have your case referred to the PDES. If you elect to be discharged, you waive any ability to convince the Army your condition is duty related and you render remote any later chance of relief at the ABCMR. BTW, the Army disposition of your case in no way affects your VA rating or VA's determination that your condition is service connected. On the other hand, if the Army refers you to the IDES, the Army will use the VA rating for any condition it finds unfitting, presumably your BH condition being one of them.

In addition, as your ARMMC notice letter should point out, you should assemble copies of all the relevant documents noted above and provide them to ARMMC as explained in your notice letter. I've highlighted the key provision in an attached sample ARMMC notice letter that may not be exactly like yours but is probably similar. This is your initial chance to convince ARMMC to create an Integrated DES Referral Memorandum (IRDM) which takes the place of an LOD and authorizes your case to be referred to the IDES as a duty related case, rather than to the PDES as a Non-duty Related case. In addition to the back up documents, you should provide ARMMC with a memo or letter summarizing the facts of your case pointing out that your BH condition first manifested and was treated during your active duty period and that it is the same condition that ARMMC has now concluded does not meet medical retention standards.

Even if ARMMC does not change its mind, you will then have an opportunity with both the Informal Physical Evaluation Board (IPEB) and Formal PEB, if necessary, to convince the PEB to request an advisory opinion from Army Human Resources Command regarding the duty related nature of your BH condition. The PEB has no authority to make a LOD determination; only HRC can do that. Any HRC LOD advisory opinion is binding on the PEB. Once you are at the PEB, you will have Soldier's Counsel assigned to your case, who can assist you with trying to get your case found to be duty related and referred to the IDES. But, Soldier's Counsel are stretched thin and may not be able to dedicate as much time as you'd like to your case.

I recommend that you consider retaining a private lawyer experienced in this process to assist you ASAP, to include with the initial memo and documentation to ARMMC. The moderators of this forum have a list of such private attorneys that they can provide you. Having an experienced counsel from the get go will help you shape your case and will maximize your opportunity for success either with the Army or with the ABCMR or the US Court of Federal Claims if warranted.

 

[Provis]

Based on your factual representations, it would appear that you have a sound basis to convince ARMMC or the Army Human Resources Command (HRC) that your behavioral health condition is duty related because it was incurred or aggravated during a period of active duty service greater than 30 days. The key documents in that regard will be the orders placing you on Title 10 active duty during which you incurred or aggravated your medical condition, your DD Form 214 for the period of active duty, and most importantly any and all Army medical records or personnel records showing your behavioral health treatment during the active duty period and at any other time. Your VA rating decisions and any VA medical records including the VA therapist letter linking your current VA rating to your AD service are also important, but not as important as the contemporaneous Army records.

Your unit should have completed a LOD while you were on AD and being treated, but that omission is very typical of the Army Reserve, particularly the Army National Guard. However, you still have the ability to argue to ARMMC and to HRC that your condition is duty related and that you should be referred to the Integrated Disability Evaluation System (IDES) for a possible disability retirement (requiring a disability rating of 30% or more) or a disability severance payment if your rating is less than 30%.

To keep your options open, you should elect the option to have your case referred to the PDES. If you elect to be discharged, you waive any ability to convince the Army your condition is duty related and you render remote any later chance of relief at the ABCMR. BTW, the Army disposition of your case in no way affects your VA rating or VA's determination that your condition is service connected. On the other hand, if the Army refers you to the IDES, the Army will use the VA rating for any condition it finds unfitting, presumably your BH condition being one of them.

In addition, as your ARMMC notice letter should point out, you should assemble copies of all the relevant documents noted above and provide them to ARMMC as explained in your notice letter. I've highlighted the key provision in an attached sample ARMMC notice letter that may not be exactly like yours but is probably similar. This is your initial chance to convince ARMMC to create an Integrated DES Referral Memorandum (IRDM) which takes the place of an LOD and authorizes your case to be referred to the IDES as a duty related case, rather than to the PDES as a Non-duty Related case. In addition to the back up documents, you should provide ARMMC with a memo or letter summarizing the facts of your case pointing out that your BH condition first manifested and was treated during your active duty period and that it is the same condition that ARMMC has now concluded does not meet medical retention standards.

Even if ARMMC does not change its mind, you will then have an opportunity with both the Informal Physical Evaluation Board (IPEB) and Formal PEB, if necessary, to convince the PEB to request an advisory opinion from Army Human Resources Command regarding the duty related nature of your BH condition. The PEB has no authority to make a LOD determination; only HRC can do that. Any HRC LOD advisory opinion is binding on the PEB. Once you are at the PEB, you will have Soldier's Counsel assigned to your case, who can assist you with trying to get your case found to be duty related and referred to the IDES. But, Soldier's Counsel are stretched thin and may not be able to dedicate as much time as you'd like to your case.

I recommend that you consider retaining a private lawyer experienced in this process to assist you ASAP, to include with the initial memo and documentation to ARMMC. The moderators of this forum have a list of such private attorneys that they can provide you. Having an experienced counsel from the get go will help you shape your case and will maximize your opportunity for success either with the Army or with the ABCMR or the US Court of Federal Claims if warranted.

Great response! I have nothing to add to this other than stating I will be sending a list of IDES attorneys to reach out to for representation. It can be done solo but your chances aren't great without a good attorney by your side since they know the system well and know what steps to take and what arguments to make that can move the needle towards your assertion that the condition should be duty related

 

[BigRig6262]

Thank you for the well thought out response to this. It was very well written and helped me a lot. I’m going to take the weekend to review my options but most likely will be requesting separation for medical disqualification with honorable discharge. I know that I could argue the very condition they disqualify me for they’re saying is non-duty related but for the sake of my mental health I need to separate ASAP. I know see that I can apply for VA benefits once discharged which I will do. I can also receive medical care for the conditions that are connected to service. I have 500 pages of med documents between title 10 AD service and VA clinic treatment. I will request a letter from my therapist confirming connection as well which I’ve been told would be helpful.
I’ve received the list of attorneys which I will use if I believe my rating is too low. John Gately was actually referred by a friend so I will contact him once I have a rating or need his help.
Thank you again!

 

[Provis]

Thank you for the well thought out response to this. It was very well written and helped me a lot. I’m going to take the weekend to review my options but most likely will be requesting separation for medical disqualification with honorable discharge. I know that I could argue the very condition they disqualify me for they’re saying is non-duty related but for the sake of my mental health I need to separate ASAP. I know see that I can apply for VA benefits once discharged which I will do. I can also receive medical care for the conditions that are connected to service. I have 500 pages of med documents between title 10 AD service and VA clinic treatment. I will request a letter from my therapist confirming connection as well which I’ve been told would be helpful.
I’ve received the list of attorneys which I will use if I believe my rating is too low. John Gately was actually referred by a friend so I will contact him once I have a rating or need his help.
Thank you again!

So attorney's aren't near as helpful later on in the process. I encourage you to reach out to them ASAP. Pretty much all attorneys will do an initial consultation for free. Better to know now and not have regrets later. My wife wanted out ASAP but I pushed her to fight for her benefits. Now that she is out she is glad she did so. If you can medically retire you can get Tricare for life for you and your family. That is worth a ton of $$$. Sometimes when my wife's VA healthcare doesn't approve a drug she has her Tricare insurance to run it on and it gets approved. Her quality of life for her and our family is immensely impacted. The only way to get coverage for the entire family for the VA is if you are 100% and then its CHAMPVA. Its a good option for those who qualify but its not near as good as Tricare. Being medically retired with Tricare means that you can get Tricare select for free for you and your entire family. The $300 annual enrollment fee is waived for medical retirees. You can also choose Tricare Prime if you are near a military base too. So many more options. Since I had to sell my company and retire early to help my wife who has medical issues that severely limit her ability to function the Tricare she provides for us is extremely valuable. If I were to have to ensure myself and the kids with private insurance with similar coverage it would cost me about $2,000 a month!