IDES or LDES for NG SM with 100% rating

Would greatly appreciate advice: Trying to decide the following:
1. Should I got IDES or LDES for MEB process?
2. Is it financially worth trying to get a 30% rating from the DoD to get retirement vice separation?

I have a VA rating of 100% for 11 different issues (yeesh- I know). I was referred to the MEB for one issue (radiculopathy). I have a VA rating for right side radiculopathy of 10% and left side 10%. I also have a rating of 10% for "degenerative disc disease other than IVDS with scoliosis and stenosis, lumbar spine".

If I go the LDES route, I assume they would only look at my VA ratrings/information for the radiculopathy stuff (hopefully right and left... idk if they would also look at the related degenerative disk).

If I go the LDES process I understand I would have to go to new C&P exams. Note: I had my C&P for my back on April 19th, 2023. So, hopefully they would use those exams?

I dont want to risk a new VA evaluator giving me a lower rating, nor do I want to endure C&P for 11 issues again...

Also, I am trying to get out of the guard asap (I am still drilling and have babies at home I would rather spend my weekends with).

My current compensation from the VA is $4202. If the DoD retirement amount is more than that, do I get that instead of the VA check? If the DoD retirement amount is less than that, could I get the VA check instead of DoD retirement?

thank you kindly.
 
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LegalBee said:
Would greatly appreciate advice: Trying to decide the following:
1. Should I got IDES or LDES for MEB process?
2. Is it financially worth trying to get a 30% rating from the DoD to get retirement vice separation?

I have a VA rating of 100% for 11 different issues (yeesh- I know). I was referred to the MEB for one issue (radiculopathy). I have a VA rating for right side radiculopathy of 10% and left side 10%. I also have a rating of 10% for "degenerative disc disease other than IVDS with scoliosis and stenosis, lumbar spine".

If I go the LDES route, I assume they would only look at my VA ratrings/information for the radiculopathy stuff (hopefully right and left... idk if they would also look at the related degenerative disk).

If I go the LDES process I understand I would have to go to new C&P exams. Note: I had my C&P for my back on April 19th, 2023. So, hopefully they would use those exams?

I dont want to risk a new VA evaluator giving me a lower rating, nor do I want to endure C&P for 11 issues again...

Also, I am trying to get out of the guard asap (I am still drilling and have babies at home I would rather spend my weekends with).

My current compensation from the VA is $4202. If the DoD retirement amount is more than that, do I get that instead of the VA check? If the DoD retirement amount is less than that, could I get the VA check instead of DoD retirement?

thank you kindly.
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How long have you been in? How many points do you have? How many good years? Need more information before I can give any advice.
 
I joined the NG in July 2009 (so it will be 15yrs this summer). I have done a total of 7yrs active duty over those years. total points about 2185 right now. 1705 of which are active-duty points. currently an O3; selected in November 2023 for promotion to 04. thanks so much!
 
LegalBee said:
I joined the NG in July 2009 (so it will be 15yrs this summer). I have done a total of 7yrs active duty over those years. total points about 2185 right now. 1705 of which are active-duty points. currently an O3; selected in November 2023 for promotion to 04. thanks so much!
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Are you in the legacy pension or did you choose BRS?
 
LegalBee said:
legacy
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Okay, based on that information I would probably hire a private attorney and try to get best rating possible to medically retire. Have them guide you through which one to choose. I would go IDES because there are more protections and more upside compared to the old LDES system. Soldiers choose LDES out of fear and I haven't found one instance where IDES was chosen and they regret it. There is a reason you have to sign a letter acknowledging that you are choosing LDES over IDES. If they did I would get blowback on this forum. There is a reason LDES was replaced by IDES and that's because LDES puts full faith on the military to get it right to include the ratings with very few appeals avenues. They don't even have to give you the same ratings the VA did. They are not bound by the VA. IDES is the opposite. The military must use the VA's ratings and there are several checks and balances to include appeal if there was an issue with a rating or a condition being fit when it should be unfit.

Here are the reasons why I thing you should seek medical retirement.

#1 tricare for life for you and your family and unlike in the Guard there is no monthly premium required. (Assuming you are being referred to IDES because your condition has a LOD and is duty related.)

#2Eligible for CRSC. You must be retired to be eligible to apply for CRSC. If eligible and you have been deployed to a qualified country there are loads of conditions you can get automatically approved for and all you need is proof that you deployed and a ratings for that condition by the VA. So if you immediately retired via a chapter 61 retirement you can apply for CRSC and that could help you get more total compensation. The reason for this is because CRSC helps you claw back the VA offset required by law up to the amount total between your VA compensation + Longevity pension earned.

#3. There is a possibility your chapter 61 pension could be exempt from federal income taxes if one or more unfitting conditions is found to be combat related by the PEB.

My wife hired a private attorney at the start and it made the whole process a lot less stressful. There is no way to get out ASAP but even if you could I encourage you to get the correct outcome. You will regret it years down the road if you don't try your best to get what you deserve. My wife many of times wanted to quit. She is medically retired now and is thankful that she doesn't have to worry about finances now. Instead she can focus on her health and her family.
 
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