top of page
-
What is the Disability Evaluation System (DES)?"Service members can incur a wound, illness and/or injury at any time, whether serving in combat operations, during training evolutions, or at any other time on the job or even after hours. With the aid of medical care and adequate time to heal, many Service members can recover and return to full and unrestricted duty. Unfortunately, some Service members may suffer a long-lasting or permanent disability from a wound, illness, or injury that may affect their ability to return to full military duties. In this case, their treating physician will refer them into the Disability Evaluation System (DES). The DES is the Department of Defense’s (DoD) mechanism for determining whether a Service member will return to duty, medically separate, or medically retire due to disability. The DES process contains four key elements: Medical Evaluation Board (MEB), Physical Evaluation Board (PEB), Service member counseling, and final disposition. The MEB documents the medical status and duty limitations of Service members referred for disability evaluation. It determines whether Service members have a medical condition or conditions that may prevent them from reasonably performing the duties of their office, grade, rank, or rating (fail to meet Service-specific medical retention standards). The PEB determines whether Service members are fit for continued military service. If determined unfit, the PEB determines the Service member’s eligibility for and/or level of disability benefits. Service member counseling informs Service members about the disability process, possible outcomes, the significance and consequences of the determinations being made, as well as associated rights, benefits, and entitlements. The last element, final disposition, involves a Service Secretary designee reviewing and finalizing the PEB’s determination. The Military Departments use two processes to evaluate Service members to determine their ability to continue Military Service: the Integrated Disability Evaluation System (IDES) or the Legacy Disability Evaluation System (LDES)." Source: https://warriorcare.dodlive.mil/disability-evaluation/
-
Why is the DES broken?The American public believes that if a Service member is injured in the service of our country, and certainly if they are injured in actual combat, the military will provide full and fair access to the benefits they deserve. They expect the best, and they prevailed upon Congress to enact the necessary laws to make sure our Service members are well taken care of. Historically we have seen there have been too few government-provided attorneys, sometimes without enough resources for the mission. Our service members have a legal right to an attorney, but much less practical or realistic access to the legal services envisioned by Congress and our nation. As it stands today, the government-provided attorneys are dedicated, skilled professionals, and our goal is to assist them in every way we can while they work their cases. We routinely work TOGETHER with the government provided attorneys, which amplifies the effectiveness of your legal representation. We leave the things they do best to them, and focus on doing the things they can’t do for your case. It’s what we call “Symbiotic Legal Assistance," and it pays big dividends for our clients. That said, the government-provided attorneys are limited in who they can represent and when they can represent them. Once a Service member separates, the government- provided attorneys can no longer represent their clients, even though they have built up trust and good working relationships with those same clients. The Veteran does not have access to the government provided-attorney they worked with on their case, even as they continue their appeals process. Confusion and contradictory information still exist at every level of the process, from the moment of injury or diagnosis until the ultimate separation of the Service member. We cut right through the confusion and show you the way.
-
Who is eligible for our FREE legal services?If you are currently serving in the military, and want to get better informed about the DES, we can help. Whether you suspect you will be entering the DES yourself, one of your personnel is in the DES and you want to be better informed about your obligations as a leader, or for any number of reasons - we can teach you what you need to know. If you are wounded, ill, or injured - and you suspect you may need to leave the military because of your medical condition - reach out to us. Working with us is FREE, and doesn’t interfere with your ability to work with your government-assigned DES counsel. Also note that “wounded, ill, or injured” means just that. If you have diabetes, cancer, or any other sort of illness - we can help you. If you were shot in battle, or injured in a crash, we can help you. Your medical conditions do not need to be combat-related to qualify for our assistance. If you WERE in the military and had to get out because of your medical conditions, we may still be able to help you. Please - reach out. About our services being “FREE” - it’s true. We do not charge for what we provide. Not one cent, not ever. If you prevail in court, any money awarded to you is yours and yours alone; there are no attorney fees. If you are medically retired your retirement money is all yours. We fight for you – at absolutely NO COST to you! Please, reach out to us.
-
How can I get involved?Your support is critical to our mission. Check our support page, to see how you can help: SPREAD the word; SOLICIT your representatives; SUSTAIN and STRENGTHEN our mission; SERVE with us, and/or SUBSCRIBE for more news.
-
How can I support TWL through my shopping on Amazon?AmazonSmile is a great way for Amazon customers (pretty much all of us!) to support The Warriors’ Lawyer every time they (we) shop. By shopping at smile.amazon.com, you will find the same Amazon you know and love, with the added bonus that Amazon will donate a portion of each eligible purchase to The Warriors’ Lawyer – at no additional cost to you. It’s an easy way to give to a great cause. Instructions for signing up can be found at https://www.aboutamazon.com/news/community/how-to-sign-up-for-amazonsmile
bottom of page