The Legacy Disability Evaluation System (LDES)
When a service member develops a medical condition that makes them unable to perform their duties in the military, they are referred to the DoD’s Disability Evaluation System.
The Legacy Disability Evaluation System (LDES) consists solely of the DoD’s Disability Process without any involvement of the VA.
In 2009, the Integrated Disability Evaluation System (IDES) was developed to bridge the gap between the DoD Disability Process and the VA Disability Process. The goal of the IDES is to simplify and streamline Military Disability by combining the two disability processes and having the VA and the DoD work together and share information.
Today, only the IDES is used unless the service member specifically requests to go through the Legacy Disability Evaluation System, they refuse to submit a VA disability claim, or there are special circumstances that require the Legacy Disability Evaluation System instead.
Even if a service member is processed through the Legacy Disability Evaluation System, they are still eligible to separately claim VA Disability within 90 days of their discharge date or anytime after discharge.
Below, we give the steps of the Legacy Disability Evaluation System with a basic discussion of each of the steps. For more in-depth details of each part, click on the links throughout the discussion.
Do note that the time frames listed below are ONLY estimated goals established by the DoD and do not always reflect actual wait times. Actual wait times depend on the completeness of the claim submitted, the amount of claims being processed in that office at that time, etc. Some are processed faster, some slower.
The current goal as of February 2023 is for the entire LDES process to take no more than 103 days from referral to completion for at least 80% of all cases.
Step 1: Referral. When a service member develops a medical condition that their physician believes will not heal enough for them to be able to return to full duty within one year, they are referred to the Medical Evaluation Board (MEB), begin the MEB Process, and are assigned a PEBLO (Physical Evaluation Board Liaison Officer) to assist them throughout the Legacy Disability Evaluation System.
Step 2: Exam. After the service member is referred to the MEB and their PEBLO compiles all of their information, the service member has a medical examination performed by a DoD medical care provider to examine the service member’s conditions. This exam is equivalent to the VA’s C&P Exam.
Step 3: MEB. At this point in the Legacy Disability Evaluation System process, the results from the medical exam are sent to the Medical Evaluation Board (MEB). The MEB reviews the service member’s conditions and compiles a report that summarizes the history of the service member’s medical conditions from their beginning up through the exam. This report is called a “Narrative Summary” or “NARSUM.” The MEB also determines the medical acceptability of each of the service member’s conditions. If none of the conditions are medically unacceptable, the service member is returned to duty. If at least one of the conditions is medically unacceptable, the MEB forwards the case to the PEB after the service member’s review.
Step 4: Rebuttal/IMR (optional). After the service member reviews the MEB’s findings, they have the option to request an impartial medical review (IMR) and/or submit a rebuttal. The IMR is conducted by a physician outside the scope of the MEB. This physician reviews the MEB’s findings and counsels the service member on whether or not the findings adequately represent their conditions. If the service member wishes to submit a rebuttal, the MEB will review the service member’s arguments and the IMR, if applicable, and will make a final decision on the case. This decision is then forwarded to the PEB.
Step 5: IPEB. Once the Informal Physical Evaluation Board (IPEB) receives the MEB’s findings, the PEB Process begins. The IPEB first determines which of the service member’s conditions qualify for DoD Disability. To qualify, conditions must be Service-Connected and make the service member Unfit for Duty. If none of the conditions are determined to be unfitting, then the service member will be returned to duty. For all unfitting conditions, the IPEB then assigns ratings based on the rules of the VASRD.
Step 6: Service-Member Decision. The PEB’s decision is sent to the PEBLO who then discusses it with the service member. The service member now has the chance to accept it or request a Formal PEB.
Step 7: FPEB (optional). If the service member doesn’t agree with the IPEB’s decision, they can request to have the Formal Physical Evaluation Board (FPEB) review their case.
Step 8: FPEB Appeal (optional). If the service member doesn’t agree with the FPEB’s decision, they can submit an appeal. The case is then reviewed and a final decision made. If the decision is that none of the service member’s conditions are unfitting, then the service member is returned to duty. If at least one of the conditions is unfitting, then the case is sent to the branch Secretary for final disposition.
Step 9: Final Disposition. Once the service member agrees with the PEB’s decision or a final decision is made on an appeal, the Secretary of the military branch reviews and approves the case.
Step 10: Transition. With the Secretary’s approval, the service member is either placed on TDRL, medically separated, or medically retired from the military and the Legacy Disability Evaluation System (LDES) is complete.
Return to Top
Legacy Disability Evaluation System (LDES) FAQs
What is the Legacy Disability Evaluation System (LDES)?
The Legacy Disability Evaluation System (LDES) consists solely of the DoD's Disability Process without any involvement of the VA.
How long does the Legacy Disability Evaluation System (LDES) take?
The Legacy Disability Evaluation System (LDES) usually takes 3-4 months from referral to the MEB until discharge.
Am I eligible for DoD Disability?
You are eligible for disability benefits from the DoD if you have one or more medical conditions caused by your military service (service-connected) that also make you Unfit for Duty.
How do I apply for DoD Disability?
You do not apply for DoD Disability but are referred to the Medical Evaluation Board by your military physician. This referral starts the DoD Disability Process.
Am I eligible for VA Disability?
You are eligible for disability benefits from the VA if you have one or more medical conditions that you can prove are service-connected.
How long does it take to receive my disability benefits?
You will receive your first payment within 1-2 months after discharge.
What is the Medical Evaluation Board?
The Medical Evaluation Board (MEB) is the first board in the LDES. They review your conditions and forward the conditions that are medically unacceptable on to the Physical Evaluation Board for rating.
What is the Physical Evaluation Board?
The Physical Evaluation Board (PEB) is the final Board before discharge from the military. The PEB reviews your conditions and makes the final determination on which conditions make you Unfit for Duty. They then rate all unfitting conditions based on the rules of the VASRD.
What if I don't agree with the IPEB's decision?
You have the right to appeal the PEB's decision and have the Formal Physical Evaluation Board (FPEB) review your case.
