I am early in the MEB process, Narsum and CIS submitted. But I have stated I want to do IDES but my commander is pushing for LDES. Is there any way I can fight this? I just want to get my VA exams and ratings done before I am out.
Can commander force Legacy DES?
- Thread starter RaiderNomadTX
- Start date
I don't know the answer but hopefully not. The default is IDES and its way better than LDES. @johnbgately @Jason Perry
That’s what I’ve heard. It seems like they are trying to push people out due to manning issues? My First Sgt said my group switched a little over 6 months ago to doing IDES for everyone to now doing LDES
In the Air Force they can and I’ve seen it happen, not sure if it’s the same for all branches though.
1.1.2.1. The LDES process is an exception to the IDES policy. A service member may request processing through LDES, or a commander may direct a service member, to
include Initial Entry Recruits, with potentially unfitting physical disabilities into the LDES when processing through the IDES would have detrimental impact on the member or the AF.
1.1.2.1. The LDES process is an exception to the IDES policy. A service member may request processing through LDES, or a commander may direct a service member, to
include Initial Entry Recruits, with potentially unfitting physical disabilities into the LDES when processing through the IDES would have detrimental impact on the member or the AF.
If that is the case your best bet if its certain that your commander is requiring LDES is to call your congressperson and initiate a congressional inquiry. The AFI seems very vague and I would like the reason scrutinize. Also, consult with a private attorney since what you do here could help you for grounds for a AFBCMR down the road if denied IDES especially if after you get out the VA rates the condition higher than what the AF did. One of the main reasons you want IDES is that the AF must use the VA's percentage given to you for the unfitting condition. Without this protection theoretically they could rate you lower than if you had been rated by the VA.
I’m reaching out to Office of Disability Counsel today, congressional inquiry is a great idea thank you! And the rating is what I’m most concerned about, I don’t want the DOD to short me when it comes to a possible medical retirement.
Commander can wish you go LDES but it is YOUR signature on the memo for LDES that kicks the process, commander can not override your decision or take it upon himself to put you in LDES. By default IDES always trumps LDES unless you really want LDES and sign the statement of understanding.
Update: My Squadron CC and Group SGH have signed a directive that will place me into the LDES process unless the Office of Disability can stop it. My package was just sent to DP2NP for the decision of RTD or full board. Waiting to hear back from ODC.
Yeah, I was going to suggest ODC if LDES was something you didn't want to do, I highly recommend fighting for IDES. It can be slower but the DoD rating can be drastically different if you go through LDES. Best of luck
Damn, sorry to hear that, was afraid that would happen. From what I’ve seen on this board though I think you’ll still be ok, haven’t really seen anybody get lowballed. Just make sure to continue documenting your symptoms for if/when you eventually go through the VA as you’d likely get more from them. Plus you’d get back payed to your DOS anyway. Good luck!
Thank you! I’m definitely going to fight it, I’ll update when I hear back from ODC
I appreciate it! I didn’t know that about back pay from VA, so even if it takes a few months to get rating after LDES separation- they’ll back pay to when I would get paid if I went through IDES?
Apply for Benefits Delivery at Discharge.
Sorry for the late reply but yes that’s correct. If you get your rating before you get out (IDES) or say 3 months after (LDES) it will backdate to your DOS. Of course if you were given say 50% by the board you would be medically retired and receive pay from the DOD immediately until your VA claim goes through.
Reach out out NVLSP at https://nvlsp.secure.force.com/WhatWeDo/.