Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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Medical-Legal
Issues
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239
A. References
• AR 635-40 (19 JAN 2017), Physical Evaluation for Retention, Retirement, or Separation AR 635-200 (19 DEC 2016), Active Duty Enlisted Administrative Separations AR 601-280 (01 APR 2016), Army Retention Program AR 40-400 (08 JUL 2014), Patient Administration AR 40-501 (14 JUN 2017), Standards of Medical Fitness
B. Overview of the IDES Process and the Interaction of
IDES with Administrative Separations and Misconduct
1. The MEB and Entering the IDES
The Disability Evaluation System (DES) encompasses the entire process from a Solider sustaining an injury or medical condition, being treated for and rehabilitating from the injury or condition, being referred to the Integrated Disability Evaluation System (IDES) which includes the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB), and ultimately being medically retired, medically separated, or retained with limitations. Any discussion of the
DES throughout this paper refers to the entire disability evaluation process. Reference to the IDES pertains only to the MEB and PEB. The integrated aspect of IDES was set into motion by the Acting Under Secretary of Defense for Personnel and Readiness on December 19, 2011. One goal of IDES is to integrate the VA into the disability evaluation process before a Soldier is separated from the service. Under this model, a Soldier undergoes a medical evaluation by a VA physician during the MEB phase and receives only one disability rating (from the VA. The
Army’s PEBs no longer provide a rating, which required reconciliation with the VA’s separation rating after the Soldier had left the service.
The IDES is comprised of both the MEB and the PEB. A Soldier does not enter the IDES until he has been referred to an MEB. An MEB is officially initiated when the following requirements are met A Physical Profile is completed for the Soldier properly recording medical conditions and/or physical defects, the Soldier receives a permanent “3” or “4” profile, and is signed by two Profiling Officers, AR 40-501, para. 7-11a(3)(i);
• The Soldier must be found to not meet retention standards under Chapter 3 of AR 40-
501, para. 7-11a(3)(g).

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