The Office of Soldiers' Counsel (OSC) has roughly two hundred lawyers and paralegals spread out over thirty locations throughout the world. There's a small headquarters cell, and three offices providing services at the Physical Evaluation Boards (PEB). Then there's the largest group: the offices helping Soldiers out at the Medical Evaluation Boards (MEB).
One of the unique aspects of our practice is that there are no lawyers on the "other side." While the IDES process is non-adversarial, OSC personnel are bound by all the ethical rules that govern any practice. We must keep client information confidential, and we must carry out our clients' wishes within ethical and legal boundaries. While other stakeholders must look out for both the interests of the Soldier and the government, OSC strictly represents the Soldier. Sometimes a client will choose a course of action that the legal team has advised against.
We can't discuss the thought processes and analysis that goes into such discussions without our client's permission. We also can't advise the other IDES stakeholders on legal issues. While we will certainly give the OSC interpretation on the various laws and regulations governing the Army's Physical Disability Evaluation System (PDES), we don't represent the command, MEDCOM, the MTF, the MEB or the PEB. We value our open dialogue with the IDES Service Line (SL) and frequently discuss legal issues to specific cases and in formulating policy. We don't always reach agreement, but we do find work-arounds that ensure the Soldier gets a full opportunity to be heard.
Legal advice for the other stakeholders should come from MTF or post-staff judge advocates, after consulting with the IDES SL. The Physical Disability Agency (PDA) has its own attorney, Dennis Brower.
We encourage our attorneys and paralegals to have very open lines of communication with Patient Evaluation Board Liaison Officers (PEBLOs), MEB personnel, PEB personnel, and all of the decision-makers in the process. Avoiding formal rebuttals saves all stakeholders' time, and we can cut down processing times by having conversations about client cases to informally address concerns with Narrative Summaries (NARSUMs) and DA Form 3947s. In addition, informal discussions lead to fewer appeals, (In-process Review) fewer IPR requests, and fewer PEB returns to the MEB.
The OSC understands that everyone involved wants what's best for the Soldiers going through the IDES. OSC is always looking for ways to improve our training and operations. We encourage everyone outside our organization to run suggestions up through the IDES Service Line so we can better serve our clients.
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