FOIA/Privacy Act Requests, References, and USAPDA Policy Memoranda

https://www.hrc.army.mil/TAGD/Policy%20Memoranda%20and%20References

Policy Memoranda and References

Contents:

- FOIA/Privacy Act Requests - External References - USAPDA Policy Memoranda - Information Paper on the Physical Disability Evaluation System (Pending Revisions) - Grade in Which Retired Signed Policy

Freedom of Information Act (FOIA)/Privacy Act (PA) Requests

The Physical Disability Agency only keeps an Agency copy of the disability case file for two (2) years. After that time all Agency case files are destroyed in accordance with Army regulations. The original Department of the Army disability case file, and original medical records, are different and are permanently maintained with the soldier’s official personnel file or medical records, respectively. These original files are not maintained or kept by this Agency. If the solder has been separated/retired from the service these files can be obtained by writing to:

Department of the Army U.S. Army Human Resources Command ATTN: AHRC-FOIA 1600 Spearhead Division Avenue Department 107 Fort Knox, KY 40122-5504 Phone: 502-613-4400 Email: [email protected] Soldiers can access their records from the HRC Homepage click My Records https://www.hrcapps.army.mil/portal/

If an individual wants an Agency copy of his/her case file, and the case is not yet two years old, the individual may request a copy of the case file by providing a written request to the FOIA/PA officer for the Physical Disability Agency (Agency legal counsel - see Contacts – use 2530 Crystal Drive address in Arlinton, VA). When requesting copies of your records be sure to include your full name and your social security or military identification number with your request.

All other FOIA requests must also be in writing and sent to the legal counsel for review and action. If you have any questions concerning how to request information, or what records/case files are available at the Agency, it is suggested that the legal counsel (FOIA/PA officer) be contacted by phone or E-mail first. By doing this he can inform you immediately of what is available. Further, if it is determined that the information being sought is not available at the Agency suggestions might be provided on where else to search or what particular documents or facts are available.

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Title 10 U.S.C., Chapter 61

DoD Directive 1332.18 http://www.dtic.mil/whs/directives/corres/pdf/133218p.pdf

DOD Instruction 1332.38 http://www.dtic.mil/whs/directives/corres/pdf/133238p.pdf

DoD DTM 11-015 http://www.dtic.mil/whs/directives/corres/pdf/DTM-11-015.pdf

Army Regulation 40-400 http://www.apd.army.mil/pdffiles/r40_400.pdf

Veterans Administration Schedule for Rating Disabilities (VASRD) http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&sid=4b2249ea66ca636f1121e300755b64dc&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl

Directive Type Memorandums

3 May 2007. Policy Guidance for the Disability Evaluation System and Establishment of recurring Directive-Type Memoranda https://www.hrc.army.mil/site/Active/TAGD/Pda/DoD_DTM_3_May_2007.pdf

21 Nov 2007. Disability Evaluation System (DES) Pilot Program

19 Dec 2007. Standards for Determining Unfitness Due to Medical Impairment (Deployability) https://www.hrc.army.mil/site/Active/TAGD/Pda/DoD_DTM_Dec_2007.pdf

13 Mar 2008. Implementing Disability-Related Provisions of the National Defense Authorization Act of 2008 (Pub L. 110-181) https://www.hrc.army.mil/site/Active/TAGD/Pda/DoD_DTM_Mar_2008.pdf

14 Oct 2008. Implementing Disability-Related Provisions of the National Defense Authorization Act of 2008 (Pub L. 110-181) https://www.hrc.army.mil/site/Active/TAGD/Pda/14_OCT_2008_DTM.pdf

6 Jan 2009. Expedited DES Process for Members with Catastrophic Conditions and Combat-Related Causes https://www.hrc.army.mil/site/ASSETS/PDF/DOD%20Memo%206%20Jan%2009%20Exp%20PDES.PDF

19 Dec 2011. Integrated Disability Evaluation System (IDES) http://www.hrc.army.mil/site/active/tagd/pda/Directive_Type_Memorandum_DTM_11_015_December_19_2011.pdf

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Below are the present policy memoranda. These policy memoranda were signed and became effective December 6, 1999 (except #11, signed 29 June 2001, and #15, signed January 9, 2001). Policy memoranda that were replaced by these new memoranda are not attached.

Policy/Guidance Memorandum # 1: (Withdrawn) Policy/Guidance Memorandum # 2: Conditional Adjudication https://www.hrc.army.mil/site/Active/TAGD/Pda/PM_2_Cond_Adj.pdf Policy/Guidance Memorandum # 3: Enactment of Eight-Year Rule for EPTS Conditions https://www.hrc.army.mil/site/Active/TAGD/Pda/PM_3_1207a_and_12731b.pdf Policy/Guidance Memorandum # 4: Processing RC Nonduty Related Cases https://www.hrc.army.mil/site/Active/TAGD/Pda/PM_4_RC_NDR_PEB.pdf Policy/Guidance Memorandum # 5: Information Obtained on Cases Under Adjudication or Review https://www.hrc.army.mil/site/Active/TAGD/Pda/PM_5_Info_obtained.pdf Policy/Guidance Memorandum # 6: (Withdrawn) Policy/Guidance Memorandum # 7: (Withdrawn) Policy/Guidance Memorandum # 8: (Withdrawn) Policy/Guidance Memorandum # 9: (Withdrawn) Policy/Guidance Memorandum #10: Disability Disposition of Soldiers with Symptoms Associated with Gulf War Illness Policy/Guidance Memorandum #11: Determining METs in Cardiovascular Cases Policy/Guidance Memorandum #12: Table of Analogous Codes (Withdrawn) Policy/Guidance Memorandum #13: (Withdrawn) Policy/Guidance Memorandum #14: Rating Guidance for Human (Attachment) Policy/Guidance Memorandum #15: (Withdrawn) Policy/Guidance Memorandum #16: Presumption of Fitness https://www.hrc.army.mil/site/Active/TAGD/Pda/PM_16_Presumption_of_Fitness.pdf Policy/Guidance Memorandum #17: Identification of Cases of Soldiers Pending Promotion or Requiring Grade Determinations Policy/Guidance Memorandum #18: Physical Evaluation Board (PEB) Administrative Termination of Cases Inadequate for Adjudication and Due to other Reasons https://www.hrc.army.mil/site/Active/TAGD/Pda/PDA_PM_18.pdf Policy/Guidance Memorandum #19: Rating Asthma (VASRD Diagnostic Code 6602) using Pulmonary Function Tests (PFTs)

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