Physical Disability Board of Review Update

Hammer,

I take that to mean if you want information sooner you are going to have to contact your DFAS branch directly...they may or may not have information depending on how fast the flow of information goes.

Obie
 
Jwilliams61735 said:
Thats interesting! Because I had my PDBR dated August 9 and recieved the PDBR stuff first, and I have not received anything from the USAF in agreement with the PDBR recommendation....Im wondering if they rejected the recommendation or are reevaluating it..I hope so. Congrats though gun! You definately earned it..Have a cold one for me!! LOL..
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Big Will,

I believe that the PDBR/USAF is a oneway street, PDBR is Air Force, I think that is why Hammer received 2 letters. I would hate for you to get your hopes up again, I think your focus should continue on the course of action you were going to do etc... Just looking out for a fellow SF member Active Duty that also got the boot at 10%.lol
 
Hammer,

I sent you a private message to send a copy of the PDBR letter to my personal email.

Thanks looking forward to reading it
 
Hammer,

While waiting for DFAS to complete your pay etc, are you able to get Tri Care benefits commissary etc right away? To wait several months for that would be BS.
 
Big Will,

I have an idea, just resubmit all of your paperwork to the PDBR and see for shits and giggles if it makes it all the way thru the process again. You never know, it might make it thru and there may be a different outcome.
 
I would not think that would be a good idea. It is unclear from the regulation if there is a procedure for "reconsideration." But the regulation does state, "as a result of the request for review by the PDBR, the covered individual or a surviving spouse, next of kin, or legal representative may not seek relief from the Board for Correction of Military Records (BCMR) operated by the Secretary concerned, and that the recommendation of the PDBR, once accepted by the respective Military Department, is final."

The issue of finality is very important because it does two things. It allows the member to sue in Federal Court and it starts the running of the statute of limitations in most cases (the statute of limitations issue can be complicated, so if in doubt, consult an attorney). The statute of limitations in most cases is 6 years.

Now, I think that there are some very critical issues tied up in all of this. First, it speaks to the importance of raising the correct issues at the PDBR so that there is not issue with raising a new issue (which may or may not be heard by a Federal Court). Second, it demonstrates, I think, a preference by Congress that there be both a forum for review (PDBR) and a faster (in some cases) ability to get to court.

Some people have asked about what happens if retired after going to the PDBR after having previously received severance pay. That question is answered here:

"b. The Secretary concerned shall ensure that, in the case of a Service member previously separated pursuant to the findings and decision of a Military Department PEB together with a lump sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which the covered individual would be entitled, based on the member’s military record as corrected, shall be reduced to take into account receipt of such lump sum or other payment."
 
Jason,

I think we all understand that we will have to pay back the severance check. The question is how will it be paid back? Will we receive no compensation until it is totally paid back, or will it be taken out over a period of time like repayment via our VA disability checks?

Thanks
Obie
 
If retirement is dated back to the day of discharge then I would assume all the retirement back pay would be more than the severance and the deductions by the VA would stop and the VA would owe money for what it has recouped. That is what I think after mulling it over.
 
If you are 100% unemployable and the PDBR adds you to the retired list would you get concurrent receipt? If not then I dont think you would rate backpay it would go to the VA or draw greater of 2 not both??? I was rated 90% for non seperating conditions and the lump sum recoupment was waived about half through paying back by the VA any ideas on how that would play out? I was contacted by the Wounded Warrior Reg and told my File had been flagged for review and they sent me the forms for the PDBR. Went from 20% USMC to 80% VA 6 months after in 2004. Now at 90% with unemployability papers in Due to worsening conditions. Any idea on a timeline from the old salts? Im #493 in the PDBR and submitted in late July. Thanks.
 
MIKEQ5622 said:
Big Will,

I have an idea, just resubmit all of your paperwork to the PDBR and see for shits and giggles if it makes it all the way thru the process again. You never know, it might make it thru and there may be a different outcome.
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Hey Mike,

Great idea here, but instead I submitted a case to the BCMR to add Anxiety/Depression/PTSD last week to my paperwork. I sent it in after researching and finding out on the AFPC website that the PDBR was not responsible for adding ailments to the MEB. I also read in the Q&A I can apply for this while I have a PDBR case open. So if they grant the application and the addition then I shouldnt have a problem getting that extra 10% for retirement since I got 20% for Degenerative Disk Disease.
 
I received similar good news as well. I was Docket number #30 and had submitted my packet in Jan 2009. It was forwarded to the board in August 2009 and reviewed on Sept 3rd 2009. The Army reviewed and concurred with the findings on Oct 1st 2009. I have been placed on 60% PDRL (combined rating 60%). Just some background: I was medevaced from Iraq in Jan 2007 after I was hit and underwent several surgeries in the states. I went through MEB/ PEB and then discharged with severance in July 2007. The severance was tax free (combat injury). I was originally rated 20% by the PEB. The VA rated my condition (combined 140%). The letter and packet I received stated the same as the earlier letter posted. The rating is permanent according to the document and not the TDRL. I guess now it will be interesting to see how the pay issue shakes out. I believe the VA and gov owes me a great deal of money. Especially since the VA has been taking 940 dollars every month away from me to pay down the severance since July 2007. At the time I received my severance I was and now a retired O-3 with 10 years of active service. Not sure on concurrent receipt either.
 
concerning back pay. by my calculations 6 months at 60% and 32 months at 40% way exceeds my severance and I am pretty sure the VA has taken out a large chunk of payback as well. So I should get a nice chunk of back pay.
 
Just got the letter. I have a feeling it may be a bit of a challenge. The letter only gives an address so I am hunting down a number which I will post once I get in contact with a live person.
 
berdby said:
I received similar good news as well. I was Docket number #30 and had submitted my packet in Jan 2009. It was forwarded to the board in August 2009 and reviewed on Sept 3rd 2009. The Army reviewed and concurred with the findings on Oct 1st 2009. I have been placed on 60% PDRL (combined rating 60%). Just some background: I was medevaced from Iraq in Jan 2007 after I was hit and underwent several surgeries in the states. I went through MEB/ PEB and then discharged with severance in July 2007. The severance was tax free (combat injury). I was originally rated 20% by the PEB. The VA rated my condition (combined 140%). The letter and packet I received stated the same as the earlier letter posted. The rating is permanent according to the document and not the TDRL. I guess now it will be interesting to see how the pay issue shakes out. I believe the VA and gov owes me a great deal of money. Especially since the VA has been taking 940 dollars every month away from me to pay down the severance since July 2007. At the time I received my severance I was and now a retired O-3 with 10 years of active service. Not sure on concurrent receipt either.
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Congrats on your retirement my friend, keep us in the loop how everything pans out.
 
berdby said:
I received similar good news as well. I was Docket number #30 and had submitted my packet in Jan 2009. It was forwarded to the board in August 2009 and reviewed on Sept 3rd 2009. The Army reviewed and concurred with the findings.....
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Just a quick question. Are you sure the board got your packet in August? I have been tracking the time lines for the board (as best as I can from limited data / info) and given your docket # and submission date, other peoples experiences etc, it would seem the board getting your packet between April and June would be more consistent. Especially for non Air Force applicants as it has to go back to the applicants parent service for final approval.

At any rate congratulations, it's good to see a some people getting what they should have received in the first place. And thank you for your service to our country. Enjoy!
 
Big Will,

My deferrement for medical opinion already came back and is ready for rating, that being said, it was pretty quick.... Do you think it is a positive thing? I mean the va is suspose to give the benefit of the doubt? I took your advice, I constantly bugged the va and they jumped right on it! Also, now my records should finally be forwarded on to the PDBR board etc.
 
Any ideas people?

Say the PDBR retires you at 30% of base pay, say you get 1000 for retirement and 1000 a month VA Comp. You should receive the retro pay to date of PEB. That being said, do you think all retirement pay will be offset by what you have received from date of seperation by the va? Do you think that only the retired disability for retirement will offset from what the disability from PEB condition was not all service conditions for va comp or do you think that they will offset from total?

Yes I know tough to understand and tough put in words.

Example:

DOD retirement is 1000 for asthma.

Va Comp your asthma is only rated at 30% which would be est. $200 va comp but you get 1000 for all service connections from the va. Will the retirement just be deducted for what the retired disability would be for va comp or do you think that it would all be offset?

Hope I explained it ok???
 
I checked my document here is the timeline:
29 Jan 2009 Letter received from PDBR at Randolph AFB saying they received my packet.
13 Aug 2009 Received Letter from PDBR at Randolph AFB that my packet was complete and being forwarded to board.
3 Sept 2009 PDBR Board Convened (In Arlington, VA)
14 Sept 2009 the record of proceedings is completed along with the decision letter from the PDBR (Stamped 14 Sept 2009) and forwarded to the Sec of the Army for Review
1 Oct 2009 Army Review Boards Agency accepts recommendation of PDBR for PDRL and forwards package to me on Oct 9th.
16 Oct 2009 Recieved Package because the board has the wrong address on the packet which I had changed with them twice before of course.
 
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