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42

 

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OF COMBINED EXPERIENCE AS A TEXAS DISTRICT JUDGE

At Criss & Rousseau Law Firm LLP, each of our attorneys brings an incredible wealth of experience from past positions that allows us to create the strong cases they need to help them get through whatever difficulties they are facing. We are highly effective litigators who understand a wide range of areas of the law.

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Medical Evaluation Board (MEB) Phase


Servicemembers are referred to Integrated Disability Evaluation System (IDES) when they receive a permanent “3” under any of the PULHES categories: P – Physical Capacity; U -Upper Extremities head, neck, shoulders, arms, upper back, chest; L- Lower Extremities hips, knees, ankles, feet; H- Hearing, E- Eyesight/Vision, S – Psychiatric. They can also be referred if they have been on temporary profile for a year, although it’s possible to be referred with 180 days on profile.

The IDES Clinic is notified and the Servicemember is assigned a Physical Evaluation Board Liaison Officer (PEBLO) or VA Medical Service Coordinator (MSC) who will assist them in preparing a VA Claim for all conditions they believe they have. When the claims are complete, the VA is notified and the Servicemember is scheduled for their Compensation and Pensions (C&P) examinations.

Upon completion of the DBQs, the packet is forwarded to the IDES clinic where a provider will review all available medical records, performance records, MOS, and DBQs to determine what condition(s) “do not meet retention standards", “meet retention standards”, or are “non-service connected” conditions.

DA Form 3947:  This form lists all medical conditions the Servicemember is claiming. The conditions are broken down with “conditions that do not meet retention standards” listed first, followed by conditions that “meet retention standards”. IDES is more concerned with the conditions that “do not meet retention standards”, as those are likely to be found “unfitting for duty” by the Physical Evaluation Board (PEB).

The PEBLO provides a complete IDES Packet to the Servicemember and they are given 5 days to contact counsel. They can ask for regularly assigned counsel or counsel of their choice at the Servicemember’s expense. It’s up to the Servicemember to contact the IDES office. Once they do, the IDES paralegal will give them an intake sheet, which looks for the following:

  • Are you facing ‘adverse action’- i.e., Board of Inquiry, under investigation, facing admin hearing or CM for any misconduct?
  • They also ask whether the Servicemember has submitted a voluntary retirement packet or are being removed administratively for any number of reasons, and if lower enlisted, we want to know when the Expiration Term of Service (ETS) date is.
  • They also ask the Servicemember to list out what they are looking for, besides “30% and retirement”. Specifically, we want to know what conditions that “meet retention standards” the Servicemember wants to challenge as “not meeting retention standards”, and the paralegals will ask for the Servicemember to explain in their own words, why they think that condition(s) should be determined to “not meet retention standards”.

The Attorney generally meets with the Servicemember after reviewing all the records, and explains the Servicemember’s can ask for an Impartial Medical Review (IMR) to request specific conditions to be re-looked at for a change of profile to a permanent “3” in the PULHES categories, or an MEB Appeal to challenge the findings of the MEB. If the appeal is successful, additional conditions are listed as “not meeting retention standards” on an amended DA Form 3947.  If the appeal is denied the packet is sent to the Physical Evaluation Board (PEB).

If you need assistance with an Integrated Disability Evaluation Board (IDES), contact us at 254-699-9999 or complete our IDES/MEB/PEB INTAKE FORM at https://militaryveteranlaw.com/ides-meb-peb-intake-form.

“Judge Susan Criss is a brilliant, well established attorney. She dedicates herself to best outcome of her clients. You cannot go wrong by hiring this firm. They will take care of your needs.”

-J.C.D

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WHAT OUR CLIENTS THINK

“ I am very happy with the service and attention that I received at this firm. Mr. Richard Rousseau was friendly and always easy to get in touch with when I had questions. Overall I rank this as an excellent experience.”

–A.W.

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Rick Rousseau and his team at the Criss & Rousseau Law firm handled my affairs and legal needs in a timely and professional manner. I very much appreciated the attention to detail and the warm and inviting atmosphere. If you are a veteran it would be well worth your time to visit with this retired JAG officer.

-S.B.

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Rick Rousseau was a life saver for me… He guided me through all of the stumbling blocks of putting together a Power of Attorney and educated me on Medicare and Medicaid. My trip to Texas was quick and efficient thanks to his guidance – if it hadn’t been for his help there would have been many wasted hours and expense. I would strongly recommend Rick and his firm to anyone in a similar set of circumstances.

– R.W.

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SUSAN E. CRISS

MEET ATTORNEY

Attorney Susan E. Criss spent 15 years serving as a Texas District Judge. She is Board Certified in Criminal Law by the Texas Board of Legal Specialization. She is also a former prosecutor who served almost a decade in the Galveston County Criminal District Attorney’s Office. Her experience as a prosecutor and judge allow her to understand how the other key players in the courtroom may approach your case. This understanding helps her build highly effective and proactive defenses for her clients.

 

RICHARD W. ROUSSEAU

MEET ATTORNEY

Attorney Rick Rousseau is a retired Colonel with 27 years of active duty experience as a Judge Advocate (JAG). He formerly served as the Staff Judge Advocate for Fort Hood. Rick’s extensive experience in the military allows him to offer real help to those facing issues related to military law and veterans disability benefits.

 

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