PDBR

I have to call and ask where my docket was at. They told me on Jan 12, 2014, it was just ajudicated and sent to the army. I've read on here could be 50 days before its official determined. All I know. Any input from others?
 
Frank,

Where the same gunshot wounds rated by both the PEB and the VA or did the PEB cherry pick which gunshot wounds were unfitting? Was the PTSD listed on you MEB DA 3947?

Mike
 
brucepts said:
I'm so confused on this timeline thing? I got notification that my case was adjudicated back in October and I'm still waiting to hear something? You got notification in less than a month?

I'm happy for you!! Cause it looks like the rate of positive outcomes from the board has drastically dropped over the past 2 years. My discharge date was December 2003 I waited to file my PDBR till my VA claim was complete and it took till 2012 for the appeal process but was retro to 2003 with my final outcome of 80% VA for 3 conditions I was discharged with 20% Mil, I was appealing a Sleep Apnea claim which I won as service connected. Had 2 prior appeals in the works also which were positive back to 2003.

But, it's confusing how one goes quick and another takes forever, mine is coming through the AF so maybe each branch works at it's own pace? My filing date was August of 2013. I see claim #'s all around mine listed on the AF PDBR page http://boards.law.af.mil/AF_PDBR.htm but still I wait . . .

Congrats again for your outcome! Hope I can be telling a good outcome in the very near future, I'm not getting my hopes up though.
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@brucepts - All case are adjudicated through the Air Force. Once, the board of member reaches a recommendation, your will be forwarded to the Secretary of your branch of service for final approval.
After that has been done, it is sent back to the appropriate branch, before a notification is sent to the SM of the outcome.
 
maparker said:
Frank,

Where the same gunshot wounds rated by both the PEB and the VA or did the PEB cherry pick which gunshot wounds were unfitting? Was the PTSD listed on you MEB DA 3947?

Mike
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Mike,

I am not sure about the wound and how the DoD rated them, yet. What I was told, is that the DoD/PEB rated the wounds at 20% and the VA rated same wounds at 30%. I am trying to help a former Ranger to get retired, which he deserves. Thank you for any and all assistance that you can provide.

Frank
 
Thank you brucepts. I am still waiting for the packet from my service. I need tricare for my family, having received the pdbr packet telling me I received retirement has made it harder because now I am waiting on orders or etc...
 
I was diagnosed in the US Army back in 1993 with epilepsy due to an accident in a HUMVEE which was no fault of mine. I was treated for my epilepsy for the entire duration of my time in service with various medications until my medical discharge due to a knee injury in 2005. When I went through the medical board they stated that the retirement board was a year behind and I would not be retired even though I was in for 13 years. When my packet came back that had me at 20% for my knee and 0% for my epilepsy and when I asked why on my epilepsy they said that the neurology clinics had not submitted my file for treatment verification. I was given $58,800 and my honorable discharge and sent home. I went to the VA because I need my meds for my epilepsy and they evaluated me and after waiting for 2 years for the VA decision they put me at 100% disabled. I have been 100% since 2007 and I have some questions about my case.

My case was adjudicated in Feb 15 so how much longer in the process?
Will I get the $58,800 back from the VA?
What if any compensation will the Army be required to provide?
Is there a way to contact the Army on my case?
 
Did the VA set your effective date to the date of discharge?

The BCMR is responsible for correcting errors in administrative documents, you should be able to approach the ABCMR or the PDBR for a correction. These boards have a very low success rate, they have to assume the military did their job right, you have to show they clearly did not, although the PDBR is able to assume some thing were done wrong so is often slightly easier. It is wise to get a lawyer, or at a minimum a VSO, to look over your documentation to make sure the right info is presented, in the right way, or to tell you what information is missing and possibly assist in finding it.

If they agree that you should have had a medical retirement instead of severance the severance pay will have to be recouped. Sounds like the VA already did, so should be no change.

Likely the Army will not directly provide compensation, as the retirement pay will be offset by the VA pay. You will be eligible for all the standard bennies of a retired Soldier however, Tricare, what have you. The retirement pay will be there should the VA someday lower your rating, or in the form of SBP, which you will have to choose not to pay for.

http://arba.army.pentagon.mil/Disability-Appeals.cfm - gives an overview and contact information, but I would probably hold off on contacting until you have a case ready, if you should decide to have a case. It is likely if the 100% is permanent that you are eligible for equivalents of every benefit they would be able to provide.

CHAMPVA is supposed to be comparable to TRICARE
DoD id card, just a different color
DIC is free and likely more money than SBP and usually can't receive both.

However, there is a likelihood that since there is a link between the epilepsy and the Humvee (an instrumentality of war), that you may be eligible for CRSC. This will make you eligible for both the Army retirement money and the VA compensation. This could end up being a significant amount of money.
 
scoutCC said:
Did the VA set your effective date to the date of discharge?

The BCMR is responsible for correcting errors in administrative documents, you should be able to approach the ABCMR or the PDBR for a correction. These boards have a very low success rate, they have to assume the military did their job right, you have to show they clearly did not, although the PDBR is able to assume some thing were done wrong so is often slightly easier. It is wise to get a lawyer, or at a minimum a VSO, to look over your documentation to make sure the right info is presented, in the right way, or to tell you what information is missing and possibly assist in finding it.

If they agree that you should have had a medical retirement instead of severance the severance pay will have to be recouped. Sounds like the VA already did, so should be no change.

Likely the Army will not directly provide compensation, as the retirement pay will be offset by the VA pay. You will be eligible for all the standard bennies of a retired Soldier however, Tricare, what have you. The retirement pay will be there should the VA someday lower your rating, or in the form of SBP, which you will have to choose not to pay for.

http://arba.army.pentagon.mil/Disability-Appeals.cfm - gives an overview and contact information, but I would probably hold off on contacting until you have a case ready, if you should decide to have a case. It is likely if the 100% is permanent that you are eligible for equivalents of every benefit they would be able to provide.

CHAMPVA is supposed to be comparable to TRICARE
DoD id card, just a different color
DIC is free and likely more money than SBP and usually can't receive both.

However, there is a likelihood that since there is a link between the epilepsy and the Humvee (an instrumentality of war), that you may be eligible for CRSC. This will make you eligible for both the Army retirement money and the VA compensation. This could end up being a significant amount of money.
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Good morning all,
I just got the letter from the Army that states I am now "Permanent Disability Retirement" effective the date of medical separation with a 30% rating. What should I do now, where should I go for assistance? I have read that if you get PATD rating you get paid and get the retirement ID card too. Any info is greatly appreciated.
 
Beware of SBP. If you, or your spouse if married, does not turn it down in writing, they will charge you premiums from the date of separation. Factor that on in your decision to take or decline SBP.

If you have combat related condition being compensated by the VA be sure to file for CRSC.

Mike
 
hawkdaddy64 said:
Good morning all,
I just got the letter from the Army that states I am now "Permanent Disability Retirement" effective the date of medical separation with a 30% rating. What should I do now, where should I go for assistance? I have read that if you get PATD rating you get paid and get the retirement ID card too. Any info is greatly appreciated.
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Congrats,

Now, you should wait, PDRL, will be generating your new orders, and DD15. Once, those are done, PDRL will send you a package, and you will be able to obtain your new ID card, and setup Tri-care.
 
I went to the VA today and they said if the Army is retiring me then my family will lose CHAMPVA and I will need to get TRICARE. He also stated that I will get no pay from the Army to include no return of my severance pay of $58,800. So in conclusion if my information is right the only thing I get is a retired title and now a bill to pay for TRICARE?
 
Pretty close.

CRSC is an issue to research. CRSC is only available if eligible for retirement pay. Since the injury is related to the HUMVEE, it is likely you would qualify, but there is no guarantee and you can't apply until after retired.

CHAMPVA you have to pay copays right? TRICARE has no dues if you choose the copay option, 20% instead of 25% which I think CHAMPVA does. Also CHAMPVA I believe actually regards it as a cost share, which is an issue if you have another form of insurance. About $40 month and $20 a visit instead of copay if you are in a prime area and elect it. So I think TRICARE is generally regarded as a little better.

There are some small difference besides just the title and the color of the ID card if retired, but generally pretty small. Space A comes up as an issue for those at 100% vs retired.
 
So how long is this process now? Will I get the severance pay back or will the "Retired" title be all I get?
 
There is a lot of math to do. Was your military retirement amount ever greater than your VA amount? Will you be eligible for CRSC? If so, given your years of service and high VA rating, that could be some decent change.

Did your initial DA 199 state if your unfitting conditions were combat related or not?


I would have an issue with the 30% rating if your unfitting conditions We're rated higher than that by the VA within 5 years of separation. Did the original DA 199 find your epilepsy unfitting?


Mike
 
I have been on TDRL for the last 5 years for PTSD and Residuals of TBI. I never applied for disability with the Va, but my rating has always been 50% for the DOD. I want to be found "FIT FOR DUTY" on my upcoming PEB which is on the 23rd of this month, however I have not been receiving any medical care so I have no documentation of my PTSD and TBI getting better. Is there anything I should bring with me or say to ensure I can go back to active duty? Or things I should not say? How likely do y'all think it is that I will be able to serve on active duty again?
 
maparker said:
There is a lot of math to do. Was your military retirement amount ever greater than your VA amount? Will you be eligible for CRSC? If so, given your years of service and high VA rating, that could be some decent change.

Did your initial DA 199 state if your unfitting conditions were combat related or not?


I would have an issue with the 30% rating if your unfitting conditions We're rated higher than that by the VA within 5 years of separation. Did the original DA 199 find your epilepsy unfitting?


Mike
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The Army gave me 0% on epilepsy and 10% on my knee and never addressed anything else. I am now with 20% on my knee and 100% on my epilepsy. I received a letter from the Army stating my medical discharge is now being removed and changed to Permanent Medical Retirement. I called the PDA and the gentlemen there told me he has request from my discharge station and updated set of orders changing my status. I am very sure I will get CRSC because the Army can't deny that I was medevaced to Landstuhl for treatment during OIF. At one point in the very early stages of dealing with the VA I am sure my 30% from the Army was higher than my VA comp but I am not sure as to how long. My FFD was over both of my disabilities from the Army but I am not sure if they were shown to be combat related but I will push that one too.
Can I appeal the 30% rating given the fact that my epilepsy went to 100%? And if I can how do I do that without disrupting the whole process currently in the works?
 
The condition causing medevac from a combat zone would not make the condition combat related. If the rating increased beyond 30% within five years of separation, you should receive the higher rating.

Mike
 
Im new here also, an Army Vet who only got to serve 2 years because developing Epilepsy over in Japan. The Amy awarded me 10% and a separation pay of $1,200. After an examination with the VA and still having multiple seizures, license suspended for 6 months, they moved me up to 40%. I got out taking 1 medication, now I take 3 twice a day. Ive been out since 2004, and without me even knowing this paperwork and forms come in the mail to fill out for PEB. I filled it out and mailed it off last month...I emailed them, they said there waiting on my medical records, what happens next....All this came out of the Blue.
 
franky said:
Here is a question on applying to the PDBR. If a service member was medically discharged from the Army in 2005 from gun shot wounds, which incurred while in combat (10% DoD and 30% VA) initial ratings, then after discharge was increased to 60% VA (with the addition of PTSD), should service member apply to the PDBR? Or should the SM apply to the BCMR and try to add his PTSD in order to get a DoD increase to become medically retired?

I'm sorry that I don't all of the SM's information in regards to his injuries, I just want to see what all of your opinions are. Thank you in advance!

VR,
Frank
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You can definitely apply! I'd say you fit the criteria. You'd definitely get it it sounds like.
 
lso in the same boat.info is the following. Infantry soldier from seo 1990 and medically separated March 2005.
Army Peb. 20% Dec 2004
VA 70% . July 2005
Received letter to apply for pdbr Aug 2013

Submitted application through Lawyers serving warriors (NVLSP) Oct 30 2013.

Dec 2013 the agree to represent me and requested all my records with VA and DOD.

May 2015 NVLSP received the requested records. After a lawsuit to the VA.
May 10 2015. My case was forwarded to the Law Firms of Lathan and Watkins.(free)

June 2015, my PDBR application was sent with an additional 84 pages. I was surprised with how personally the law firm review my records and the accuracy.

Sep 2015 received from. The USAF the receipt of my application along with the Doc Number

Dec 1 2015. My case was in final adjudication with the PDBR.

As of today, I have my fingers cross and waiting for the final decision. With all the confusion and knowing that I was going to take longer, I decided to use the NVLSP team and no matter the outcome and even if it's taking longer than usul and with all the confusion I don't regret it.

Did anyone use the NVLSP and received a positive results?

Apr 10 submitted an increase with the VA and also new conditions
 
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