Joint DoD/DVA Pilot Project
Soldiers Counsel Legal Services During the Joint Department of Defense/Department of Veterans Affairs (DoD/DVA) Disability Evaluation System (DES) Pilot

 

Soldiers Counsel at Walter Reed Army Medical Center (WRAMC) Office of the Center Judge Advocate (OCJA) are available to assist Soldiers throughout the DoD/DVA DES Pilot process.  Soldiers Counsel are licensed and experienced attorneys with special training in the Army Physical Disability Evaluation System (PDES).  They are available to support, advise and represent Soldiers.  Soldiers Counsel do not advise or represent commanders, nor do they advise or represent the MEB or PEB. 
 
On November 26, 2007, the Department of Defense and Department of Veterans Affairs (DVA) implemented a Pilot for disability cases originating at the three major military treatment facilities in the National Capitol Region: Walter Reed Army Medical Center, National Naval Medical Center at Bethesda and Malcolm Grow Medical Center at Andrews Air Force Base.  This Pilot will run for one year. 
 
Key features of the DES Pilot include a single medical examination and a single-sourced disability rating.  The DVA will conduct a single comprehensive exam and will rate all medical conditions.  The Military Departments will accept the DVA rating for all medical conditions determined unfitting for continued military service unless, the condition involves non-compliance, misconduct, or a non-service aggravated medical condition which existed prior to service.  Soldiers Counsel will continue to provide services at all steps throughout the DoD/DVA DES Pilot: 
 
     a. General Information. Soldiers Counsel provide information regarding the Pilot and Soldiers rights during these processes:  Once a Soldier receives a P3 Profile, that Soldier can receive general information from Soldiers Counsel.  Soldiers Counsel are experts in the PDES system and in due process rights.  As soon as a Soldier enters the MEB system, he or she should attend one of the briefings conducted by the WRAMC OCJA Soldiers Counsel.   At this briefing the Soldier will learn what we can do for Service Members throughout the process and will be provided general information on the overall MEB/PEB process.  Additionally, Soldiers can meet individually with Soldiers Counsel once in the MEB system.   All Service Members in the Pilot are encouraged to attend a Soldiers Counsel briefing or consult with us individually prior to the completion of their DoD/DVA Joint Disability Evaluation Claim Form.  Please note, at the early stages of the PDES system, information regarding the Soldier’s condition is not yet fully developed.  It is nearly impossible to give reliable case-specific legal advice to a Soldier or to provide effective advocacy on the Soldier’s behalf at this stage.  Therefore, legal services provided by Soldiers Counsel at this early stage are limited to general advice/information.  A Soldier may continue to receive general advice/information throughout their MEB process. 
 
     b.  Case-specific advice and advocacy designed to help the Soldier accomplish specific goals:  Case-specific advice and advocacy are services which can be provided only when a Soldier receives his or her MEB Report.  Once the MEB has developed and reported information regarding the Service Member’s condition, the Soldier should determine what result he or she wants from the system.  In some cases, Soldiers will want additional medical treatment.  Some will want to get out of the Army and on with their lives as soon as possible.  Others will want to be found “Fit for duty,” and returned to military duty.  Some will want to maximize their chances to obtain disability retirement.  Counsel are available to help Soldiers identify their goals and develop strategies for achieving them either at the end of the MEB process, during the PEB process or during the DVA appeals process.
 
     c.  Representation at the formal PEB hearing:  Soldiers Counsel provide representation to Soldiers during formal PEB hearings, if requested.  Cases referred to the PEB by the MEB are informally adjudicated by the PEB first.  The PEB considers the Soldier’s MEB Report and the DVA’s comprehensive exams as well as the Soldier’s commander’s statement, profile, recent APFTs, and other performance and personnel documents.  The PEB determines: 1) which conditions are “unfitting” (i.e. prevent the Soldier from performing PMOS duties and/or basic Soldier skills); and 2) which unfitting conditions are compensable.  The PEB’s informal findings are documented on a DA Form 199 and provided to the Soldier.  The Soldier may elect to either concur with the informal findings of fitness or non-concur and request a formal hearing with representation by Soldiers Counsel.  Alternatively, the Soldier can elect to have a representative of their own choice at no expense to the government.  If the Soldier is determined unfit, he or she may elect to postpone their concurrence or non-concurrence until they receive their DVA rating.  If they non-concur with the fitness determination, Soldiers Counsel can help the Soldier identify and gather evidence which might support the accomplishment of the Soldier’s goals.  Soldiers Counsel may also present this evidence along with oral arguments to the PEB on the Soldier’s behalf during their formal hearing.
 
     d. Assistance with DVA Rating Reconsiderations that Impact Military Disposition:  Soldiers can concur with the PEB’s informal determinations of fitness and non-concur with their ratings from the DVA Rating Board.  All Soldiers determined unfit have a one-time opportunity to “appeal” their DVA rating determinations while on active duty which the Army will accept for disposition purposes. Soldiers Counsel can assist Service Members under the Pilot with reconsideration requests regarding their initial DVA ratings.  We can only assist Soldiers under the Pilot with their DVA rating determinations that impact their military disposition (severance vs. disability retirement).  The request for reconsideration is a “paper review” by a DVA decision review officer (DRO).  Soldiers are not afforded an in-person hearing to contest their rating.  The DVA DRO will only reconsider evaluations of ratings if new medical evidence is received, or if there is sufficient evidence of an error to warrant reconsideration.
 
 
Attorneys are available to provide general information about the MEB, PEB and the DVA rating processes to Soldiers who are currently going through the Pilot Program but have not yet received their MEB Report for review and signature.  Soldiers who have received their MEB Report for review and signature and who want case-specific advice and advocacy, should make an appointment to meet with Soldiers Counsel immediately.  Soldiers at or near WRAMC should call SGT Lovell at (202)782-5812 or SSG Barnett at (202)782-1676 to schedule an appointment.  Walk-in hours are also available on Mondays and Wednesdays from 0800-1130, Old Hospital Building, Room D-214.