This is a class project. You should not rely on it as a source of legal information. It is likely incomplete.
This is a chatbot designed to assist members of the United States Air Force who are being medically discharged. Answer the following questions to find out more about the process, learn about your rights, what options may be available to you, and to see if you qualify for legal assistance. You may want to have your medical paperwork and some basic military career information handy in order to answer these questions.
Q(1): Hello! I am the Medical Discharge Assistant Chatbot (MDAC), and I will be helping you understand the process of and your rights during a possible medical discharge. GOTO:hello Q(hello): A quick note before we get started: this service is designed for active duty service members. If you are Air National Guard (ANG) or United States Air Force Reserve (USAFR) not on extended active duty, you may still find this chatbot generally informative, but you should consult additional resources for information pertaining to your specific case. A: Let's get started. Q(2.1): Great! GOTO:des A: I am not active duty Air Force or am not seeking assistance with a possible medical discharge. Q(2.2): I'm sorry, this chatbot is for Air Force service members who want assistance with medical discharge issues. If you need help with something else, this chatbot is not for you. Please consult other resources. GOTO:bye Q(bye): Thank you and goodbye! Q(des): Now we will walk through where you are in the Integrated Disability Evaluation System (IDES). Do you know what phase of the process you are in? A: I have not started the process, but am currently or will soon seek treatment for an injury that I believe may lead to a medical discharge. Q(4.1):GOTO:start A: I have been referred into the IDES by a physician, but have not yet completed a Medical Evaluation Board (MEB). Q(4.2):GOTO:premeb A: I have completed the MEB and they have issued their findings. Q(4.3):GOTO:meb A: I have completed an Informal Physical Evaluation Board (IPEB) and they have issued their findings. Q(4.4):GOTO:ipeb A: I have completed a Formal PEB (FPEB) and they have issued their findings. Q(4.5):GOTO:fpeb A: I'm not sure where I'm at in the DES. Q(4.6): Not to worry! I will give you a brief overview of the IDES process so you can tell me the last step you have completed. GOTO:first A: What is the DES? Q(4.7): Great question! Let me give you a brief overview of the IDES. GOTO:zero Q(start): Thank you. The first thing to note is that you cannot refer yourself into the IDES. A physician will refer you into the system based on the nature of your condition(s). Specifically, your physician will refer you into the IDES if you have a condition or group of conditions that will prevent you from reasonably performing your duties for more than one year; that present an obvious medical risk to yourself or others; or that imposes an unreasonable burden on the Air Force to protect you or maintain your level of service. In all cases, referral into the IDES must be made within one year of diagnosing the condition. The primary purpose of the IDES is to make a fitness for duty determination, and as there are a variety of conditions that could lead a physician to make this referral, you will want to discuss this possibility with your individual physician. Further, injuries received while Absent Without Leave (AWOL), engaging in misconduct or willful negligence may preclude you from receiving compensation if you are discharged. GOTO:startnext Q(startnext): At this point it is too early in the process to tell whether you will be medically discharged. Would you like to: A:[http://www.militarydisabilitymadeeasy.com/search_template.html] Use this handy guide to search for your individual condition (this should supplement, not substitute for, a conversation with your physician) Q(6.1):GOTO:startnext A: Revisit the list of IDES steps to explore other parts of the process Q(6.2):GOTO:des A: Take a look at some other common questions before we part Q(6.3):GOTO:faq A: Sign off Q(6.4):GOTO:end Q(premeb): Thank you. If you don't already, you should soon have a Physical Evaluation Board Liaison Officer (PEBLO) and a Department of Veterans Affairs (DVA) Military Service Coordinator (MSC) assigned to you. These will be valuable resources who will assist you with gathering paperwork, signing the appropriate forms, and communicating with the VA, MEB, and subsequent evaluation boards. Do note that these resources perform administrative functions designed to facilitate the IDES process. While useful, they do not have the responsibility nor the authority to advocate on your behalf. GOTO:premebone Q(premebone): Fortunately, from the start of the MEB phase onward, you have a right to request legal counsel who can advocate for you. Simply contact the Office of Airman’s Counsel (OAC) at afloaja.disabilitycounsel@us.af.mil or DSN 665-0739. These lawyers are independent of the IDES, and do not cost you anything. In addition, you can always secure a private attorney at your own expense if you prefer. GOTO:premebtwo Q(premebtwo): Do also note that in order to meet with the MSC and navigate the VA process in parallel with the IDES, you will need to sign Joint DoD/VA Referral form VA 21-0819. Failure to sign this form does not preclude you from seeking VA benefits later, but the IDES is called "Integrated" because processing your VA claim at the same time is designed to get you your benefits sooner. GOTO:premebthree Q(premebthree): Speaking of VA claims, the next step in the IDES is your MSC helping you submit a VA Claim to apply for VA disability benefits. A: Tell me more about the VA Claim. Q(10.1): Your MSC will help you gather the necessary paperwork, but essential to timely processing of your claim is submitting sufficient medical evidence to rate your condition(s). This should include both Military and Civilian medical records, as well as any supporting documentation like Commander's statements. Claims are submitted one of two ways: either online via the eBenefits website, or by submitting VA Form 21-526EZ to your local VA office. Additional forms may be required depending on the VA benefits you're claiming, but your MSC can assist you if these circumstances apply. GOTO:premebfour A: What happens after the claim is submitted? Q(10.2):GOTO:premebfour Q(premebfour): After the VA claim is submitted, you will need to complete a Compensation and Pension (C&P) Examination by a VA staff physician. The results of this exam will be used by your treating physician to write a Narrative Summary (NARSUM), which describes all your pertinent medical history up the date of the NARSUM. It is this NARSUM which the MEB uses to determine the acceptability of your condition(s). These findings are then submitted to the PEB. GOTO:premebfive Q(premebfive): What would you like to do next? A: Tell me more about the C&P Exam Q(12.1): The purpose of the C&P Exam is to document the severity of the condition(s) under consideration for DoD and DVA disability. Usually one exam by a general practitioner is enough, but the VA is required by law to have specialists examine dental, vision, hearing, or psychiatric conditions. While the IDES is only concerned with conditions that affect fitness for duty, the VA is concerned with ALL conditions they may provide benefits for. Thus, the C&P exam will cover all of your known conditions. Be sure to bring a complete medical history of your condition(s) with you to the exam for the physician's reference, even if you have previously submitted this information. It is critical that you be proactive about providing the necessary information during your C&P Exam, as the disability ratings are codified in law and one missing piece of data will require another exam and cause delays. You can research in advance what data is needed to rate each condition by searching this website. GOTO:premebfive A: If my physician thought my condition(s) was serious enough to refer me into the IDES, does that mean I am going to be medically discharged? Q(12.2): It is too early to tell if you will be medically discharged, as the presence of a medical condition worthy of an IDES referral does not automatically qualify you for discharge or retirement. GOTO:premebfive A: Revisit the list of IDES steps to explore other parts of the process Q(12.3):GOTO:des A: Take a look at some other common questions before we part Q(12.4):GOTO:faq A: Sign off Q(12.5):GOTO:end Q(meb): Once the PEBLO has briefed you on the MEB's findings, you have five (5) calendar days to decide from among the following courses of action. Please click on one of the choices to learn more. A: Elect to have an Impartial Medical Review (IMR) Q(13.1): Regardless of the MEB's findings, you always have the right to ask for an IMR. This is a review of the MEB's findings by a physician or other health care professional who is not associated with the MEB. The Military Treatment Facility (MTF) Commander/Director will assign the impartial reviewer to your case. The reviewer then has five (5) calendar days to complete their review and submit their findings to both you and the MEB. Once the IMR is complete, you will have another five (5) calendar days to submit a letter (if you so choose) to the MEB rebutting any of their findings or the Narrative Summary submitted by your treating physician. Both the IMR and any rebuttal letter will passed onto the IPEB, along with the MEB's findings. GOTO:meb A: Submit a rebuttal letter to the MEB Q(13.2): Within the aforementioned five (5) calendar days you can submit a letter disagreeing with the MEB findings or the Narrative Summary submitted by your treating physician. Upon receipt, the MEB President then has an additional five (5) calendar days to respond to your letter and take any appropriate action. Your letter and the MEB response will be forwarded to the IPEB, along with the MEB findings. GOTO:meb A: Accept the MEB findings and allow the case to be forwarded to the IPEB A: In conjunction with any of the other three options above, you can submit a letter stating your desires to the MEB (i.e. remain active, separate, retire) A: Got it, thanks Q(13.5):GOTO:mebnext Q(mebnext): What can I help you with next? A: Should I hire a lawyer if I don't like the MEB findings? Q(14.1): The decision to hire a lawyer is a personal one, but fortunately there is a free option. From the start of the MEB phase onward, you have a right to request legal counsel who can advocate for you. Simply contact the Office of Airman’s Counsel (OAC) at afloaja.disabilitycounsel@us.af.mil or DSN 665-0739. These lawyers are independent of the IDES, and do not cost you anything. In addition, you can always hire a private attorney at your own expense if you prefer. GOTO:mebnext A: Does this mean I am being medically discharged? Q(14.2): Not yet. The MEB findings will be forwarded on to the PEB, who will make that determination. GOTO:mebnext A: I'd like to revisit the list of IDES steps to explore other parts of the process. Q(14.3):GOTO:des A: I think I'm almost done. Are there any other common questions I should know about before I go? Q(14.4):GOTO:faq A: I'm going to sign off now. Q(14.5):GOTO:end Q(ipeb): Thank you. The purpose of the PEB (both Informal and Formal) is to determine if any of your conditions qualify you for DoD Disability. Such conditions need to be related to your military service and they must make you unfit for duty. Do note that from the start of the MEB phase onward, you have a right to request legal counsel who can advocate for you. Simply contact the Office of Airman’s Counsel (OAC) at afloaja.disabilitycounsel@us.af.mil or DSN 665-0739. These lawyers are independent of the IDES, and do not cost you anything. In addition, you can always hire a private attorney at your own expense if you prefer. GOTO:ipebone Q(ipebone): As long as at least one condition is found unfitting for duty, the IPEB will submit all conditions to the VA for assignment of disability ratings. These ratings are made according to the Veteran Affairs Schedule for Rating Disabilities (VASRD), which is detailed in the Code of Federal Regulations under Title 38, Chapter I, Part 4. GOTO:ipebnext Q(ipebnext): The IPEB can make the following determinations. Please select an option to learn about what your IPEB findings mean and what your options are. A: IPEB finding of: Fit to return to duty Q(17.1): The IPEB can find that none of your conditions make you unfit to continue serving. GOTO:ipebnext A: IPEB finding of: Discharge without pay Q(17.2): Discharge under other than 10 United States Code, Chapter 10 (DUOT) can occur if you are found unfit for duty, but the condition(s) making you unfit existed prior to your military service or were incurred while Absent Without Leave (AWOL), engaging in misconduct, during willful negligence, etc. GOTO:ipebnext A: IPEB finding of: Discharge with severance pay (DWSP) Q(17.3): The IPEB will recommend DWSP if you are found unfit for duty, your disability rating according to VASRD is less than 30%, and you have less than 20 years active service. The lump sum you receive is calculated by multiplying your years in service by twice your monthly basic pay. Your percentage of disability does not affect the amount of this lump sum. GOTO:ipebnext A: IPEB finding of: Permanent Retirement (PR) Q(17.4): The IPEB will recommend permanent medical retirement if you are found unfit for duty, your condition is stable, and your disability rating according to VASRD is at least 30% or you have at least 20 years in service. Medical retirement entitles you to all the benefits afforded to other Air Force retirees, such as base commissary privileges, medical care, etc. GOTO:ipebnext A: IPEB finding of: Temporary Disability Retirement List (TDRL). Q(17.5): The IPEB will recommend TDRL if you would otherwise meet the conditions for medical retirement (i.e. you are found unfit for duty, and your disability rating according to VASRD is at least 30% or you have at least 20 years in service), but your condition is unstable. While on the TDRL you will receive the same benefits as other permanent retirees, but you will have periodic evaluations to assess whether you can come off the TDRL (either back onto active duty, DWSP, or into PR). These reviews take place at least every 18 months (six months for mental health conditions). GOTO:ipebnext A: Appealing IPEB findings Q(opps): You have ten (10) calendar days from the time you are notified of the IFEB findings to select from the following options (click on each to learn more). A: Agree with the IFEB findings and waive your right to a FPEB A: Disagree with the IFEB findings and request a FPEB Q(17.6.2): If the IFEB recommended you return to duty and you disagree, you must submit a justification with your request for a FPEB and this request may be denied. In all other cases a FPEB will be held upon request. The FPEB will usually be held within 30 days of your non-concurrence. This is an in-person hearing in a courtroom-like setting. You can testify, offer additional documentation, and call witness on your behalf. If you have not already secured legal counsel, it is highly encouraged that you do so prior to the FPEB. GOTO:opps A: Agree with the IFEB adjudication of your case and waive your right to a FPEB, but request a one-time reevaluation by the VA of your disability ratings Q(17.6.3): This reevaluation can only occur after the final unfit determination has been made, and only those conditions deemed unfitting will be reassessed (all other ratings can be reevaluated after your separation/retirement from service). Your PEBLO and MSC will help you compile the required documentation to support this reevaluation request. GOTO:opps A: Request Limited Assignment Status Q(17.6.4): If you want to remain on active duty despite being found unfit and you have between 15 and 19 years of service, you can apply to be retained, provided you meet several other criteria. These include: concurring with a finding of unfit, not being recommended for TDRL, stable medical condition, you won't require excessive medical care, and you have expertise the Air Force needs. GOTO:opps A: Go back to IFEB findings Q(17.6.5):GOTO:ipebnext A: Got it, thanks Q(17.7):GOTO:ipebfin Q(ipebfin): What can I help you with next? A: I'd like to revisit the list of IDES steps to explore other parts of the process. Q(18.1):GOTO:des A: I think I'm almost done. Are there any other common questions I should know about before I go? Q(18.2):GOTO:faq A: I'm going to sign off now. Q(18.3):GOTO:end Q(fpeb): Thank you. You didn't agree with the IPEB findings and requested a FPEB. Now that the FPEB has ruled, you have the following options. Please select a choice to learn more. A: Agree with the FPEB findings and waive your right to appeal to the Secretary of the Air Force Personnel Council (SAFPC) A: Agree with the FPEB findings and waive your right to appeal to the SAFPC, but request a one-time reevaluation by the VA of your disability ratings Q(19.2): This reevaluation can only occur after the final FPEB ruling has been finalized, and only those conditions deemed unfitting will be reassessed (all other ratings can be reevaluated after your separation/retirement from service). Your PEBLO and MSC will help you compile the required documentation to support this reevaluation request. GOTO:fpeb A: Disagree with the FPEB findings and appeal to SAFPC Q(19.3): The SAFPC is the final board of appeal in the IDES. You may choose to submit a letter of rebuttal with this appeal, in which case you must submit the letter within ten (10) calendar days from the date you request the appeal. You may also request a one-time reevaluation by the VA of your disability ratings, but this reevaluation will not take place until after the SAFPC has issued its final ruling. only those conditions deemed unfitting will be reassessed (all other ratings can be reevaluated after your separation/retirement from service). Your PEBLO and MSC will help you compile the required documentation to support this reevaluation request. GOTO:fpeb A: Got it, thanks Q(19.4):GOTO:fpebtwo Q(fpebtwo): What can I help you with next? A: I'd like to revisit the list of IDES steps to explore other parts of the process. Q(20.1):GOTO:des A: I think I'm almost done. Are there any other common questions I should know about before I go? Q(20.2):GOTO:faq A: I'm going to sign off now. Q(20.3):GOTO:end Q(zero): The purpose of the IDES is to remove from active duty those service members who can no longer perform their duties, and to ensure fair compensation for those whose careers are cut short by service-incurred or service-aggravated physical disability. The IDES is a joint system that combines the DoD DES with the Department of Veterans Affairs (DVA) disability system to simplify the process and avoid duplication. GOTO:first Q(first): First, to enter the IDES a physician who is treating you must refer you into the system by sending your medical records and a summary of your condition(s) to the nearest Military Treatment Facility (MTF). This referral is only made under certain circumstances. You will then be assigned a Physical Evaluation Board Liaison Officer (PEBLO) and a DVA Military Service Coordinator (MSC) to assist you through the IDES. It is important to note that the PEBLO is not your legal advocate. They are a non-medical case manager, and act on behalf of the Air Force to guide you through the IDES process. GOTO:second Q(second): Next, your MSC will help you file a VA claim and you will undergo a physical examination by a VA physician. Your treating physician will take the results of this exam and submit a summary of all relevant information to the MEB, who will determine if you have any duty limitations for your office, rank, grade, or rating. At this point, you can also elect to have an Impartial Medical Review (IMR) by physicians not associated with the MEB, and you can submit a rebuttal of the MEB findings. The MEB will decide whether your case gets referred to the PEB. GOTO:third Q(third): If referred to the PEB, the IPEB will first determine which of your conditions qualify for DoD medical disability. If at least one unfitting condition is found, the case is forwarded to the VA who assigns a disability rating for each condition. If you do not agree with the VA's ratings, you can appeal for reconsideration. The IPEB will use the final ratings to decide whether you are fit to return to duty and if you will be discharged/retired with compensation. You can then choose to appeal to the FPEB for a hearing. If you disagree with the results of that hearing, you can appeal the decision of the FPEB to the Secretary of the Air Force Personnel Council (SAFPC), which is the highest administrative appeal available in the IDES. GOTO:fourth Q(fourth): After all decisions are finalized, you will either be back on active duty, be put on the Temporary Disability Retirement List (TDRL), or be discharged. Within 30 days of separation the VA will publish its official ratings and the IDES is finished. GOTO:detail Q(detail): For more information, please see DoD Instruction 1332.18 and DoD Manual 1332.18, Volume 2. A helpful flowchart of the IDES process can also be found here, and the Air Force has published this useful Fact Sheet with a more detailed walk-through of the IDES process. GOTO:des Q(faq): Thank you for talking with me today. Before we part, can I help answer any of the following questions for you? A: What is the Legacy Disability Evaluation System (LDES)? Q(27.1): The LDES is a DoD-only DES process that does not involve the VA. Service members can request to use this process on a case-by-case basis, but must acknowledge in writing that they understand the differences between the IDES and LDES processes. If you are separated or retired through the LDES, you will need to apply for any VA disability benefits seperately through VA. This chatbot followed the IDES process. More information regarding the LDES process can be found at the DoD Office of Warrior Care website. GOTO:faq A: What is the Expedited Disability Evaluation System (EDES)? Q(27.2): Created in 2009 via an policy memorandum from the Under Secretary of Defense, The EDES is an optional process that allows service members who have sustained catastrophic injuries/illnesses from combat or combat-related operations to be quickly placed on permanent disability retirement and obtain other similar benefits. This chatbot does not address the EDES. For more information, please see DoD Instruction 1332.18. GOTO:faq A: What is the Air Force Wounded Warrior Program (AFW2)? Q(27.3): AFW2 provides a variety of services, included personal care and advocacy, to seriously wounded/sick service members and their family. More information can be found here. GOTO:faq A: I'm all set for now. Q(27.4):GOTO:end A: Take me back to the beginning so I can explore other parts of the IDES process. Q(27.5):GOTO:des Q(end): Thank you again for speaking with me. I hope I was able to help you today. If you have additional questions about the DES, please consult your local Judge Advocate. If you have suggestions or ideas about improving this chatbot, please send them to email@here. GOTO:bye