Legal Advocacy for Service Members in the Integrated Disability Evaluation System

1. Legal Advocacy for Service Members in the Integrated Disability Evaluation System Information Brief Ms. Joyce A. Hamel, Esq. Director, Office of Soldiers’ Counsel, US Army Medical Command 15 October 2013 UNCLASSIFIED

2. Unclassified Purpose and Outline Purpose: Informational briefing containing an overview of the legal advocacy services available to Soldiers in the Army and to describe current issues. Outline: Mission Statement Leadership Structure Roles Current Issues POCs Unclassified

3. Unclassified Mission Statement The Soldiers’ Counsel mission is to support, advise and represent Soldiers throughout the IDES process. We advise and counsel Soldiers whether their specific goal is to be found fit for duty or to ensure appropriate compensation for unfitting conditions. We strive to maximize our clients’ chances of success of attaining their goals while also managing expectations. Unclassified

4. Unclassified OSC Leadership Unclassified

5. Unclassified Soldiers’ MEB Counsel (SMEBC) • Inform, assist and advocate for Soldiers during the MEB process • Advocacy continues up until and including informal PEB (IPEB) elections & VA Rating Reconsiderations • Assist all Soldiers going through the MEB process, regardless of unit of assignment or active-duty status for Reserve Component Soldiers Unclassified

6. Unclassified Soldiers’ PEB Counsel (SPEBC) • Represent Soldiers at formal Physical Evaluation Board (PEB) hearings • Prepare any post-PEB appeals • Prepare ABCMR claims to eligible clients • Rebut VA ratings within the IDES • Provide TDRL advocacy for temporarily medically retired Soldiers Unclassified

7. Unclassified Current Issues • Approved TDA Concept Plan (TDA of 105) As of 1 OCT • Government Shutdown & Sequestration: 1 OCT furlough w/ IDES excepted while work available. VA MSC’s and DRAS closed. • Deferred VA Ratings: VA stopped the practice of deferred ratings 13 May 2013 but issues linger • Disability Benefits Questionnaires (DBQs) format to replace Compensation and Pension (C&P) Exams…supplemented by NARSUMS (As of 1 OCT) • ALARACT 262/2013. Relevant for dual processing cases involving TBI or PTSD and OTH discharge. Unclassified

8. Unclassified Current Issues • ALARACT 262/2013 (Issued 10/10/2013) • Requires medical examination for soldiers being processed for administrative separation under conditions “other than honorable” • Applies to “Any soldier, officer or enlisted, pending administrative separation under conditions other than honorable (OTH) who has deployed overseas in support of a contingency operation during the previous 24 months, and who is diagnosed with post traumatic stress disorder (PTSD) and/or traumatic brain injury (TBI), or who otherwise reasonably alleges the influence of such a condition based on their service while deployed.” • Will receive a medical examination to: "assess whether the effects of PTSD and/or TBI constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable…" Unclassified

9. Unclassified Current Issues • Reserve Component • Closure of RC SMSC at Pinellas Park, FL • USAR and ARNG Commands are now self-certifying RC cases as MEB-ready • Recovering Warrior Task Force • Temporary Disability Retirement List (TDRL) being reviewed Unclassified

10. Unclassified National and Regional POCs OTSG/MEDCOM: - Ms. Joyce Hamel, Director joyce.a.hamel.civ@mail.mil Region I (NCR, Crystal City, VA PEB; serving NRMC/ERMC’s area): - Mr. Lakandula Duke Dorotheo, Regional Supervising Counsel (RSC) lakandula.d.dorotheo.civ@mail.mil Region II (Ft. Sam Houston, TX PEB; serving SRMC’s area): - LTC Will Osburn, RSC william.f.osburn.mil@mail.mil Region III (Joint Base Lewis-McChord, WA PEB; serving WRMC/PRMC’s area): - Mr. Steven Engle, RSC steven.e.engle.civ@mail.mil Unclassified