My documentation from the VA has it effective as of my separation date. Hopefully, they will give it to me; which in turn should help others out. Will definetly keep everyone in the loop.
OBIE
Physical Disability Board of Review Update
- Thread starter Jason Perry
- Start date
My documentation from the VA has it effective as of my separation date. Hopefully, they will give it to me; which in turn should help others out. Will definetly keep everyone in the loop.
OBIE
Ed,
Never heard of COAD. At first wanted to stay Active duty. But the pain in my back restricts me from way too many things...would never be worldwide deployable ever again, so I don't think I ever could. Also, currently using Voc Rehab to get a Masters in Accounting and have a great desk job with an Accounting Firm. Based on my current situation I happy with everything except for the Disability retirement that I should have rightfully received from the Navy upon forced separation.
OBIE
I was med boarded in August 2006. The main reason for me unfit for military service was a labral tear in my right hip from November 2004 in Iraq. Also included for me being unfit for service was PTSD and major depression. Now the med board included those in their board decision but those items were not rated because DOD didnt rate those issues at that time. Now my question is that because those issues were on my med board, do you think the PDBR will consider those issues when they make their decision? The VA has granted me rating for those. My docket number is 008 and I have been told that the packet is at the board in DC. Since a lot of people didnt get their PTSD diagnosis until they got them from the VA but i am wondering if since my issues were included on ther med board, maybe they will consider it.
Let me know what happens bro, because they didnt consider mine and im 70% retroed since seperation just for PTSD.
redlegdvldg
PEB Forum Regular Member
I just need to vent for a second. I have been in the holding pattern as my PDBR hasn't even left Texas as they haven't got my records from the VA.
I am wondering why the hell my records have not been sent to them I don't have any pending claims and my VA reeval isn't until next year. Anyway I called the DAV and they said the would get the records sent to the PDBR well that was awhile ago. I call the DAV rep and he says that he hasn't walked his happy butt down to the office below him to see if they can fill my request.
I am so pissed as I can't physically do anything to get my records from VA to the PDBR and I am thinking of contacting my Senator and Congressman to get them to light a fire.
I'm also thinking of sending my complete med record from the VA and my time in the military as I have copies of them all. What do you guys think? Should I submit my own records or will they just toss them to the side? Should I contact my representatives in D.C. and see what they can do for me? Let me know what you guys think. Thanks for the great forum to vent my frustrations and have a good weekend.
I am wondering why the hell my records have not been sent to them I don't have any pending claims and my VA reeval isn't until next year. Anyway I called the DAV and they said the would get the records sent to the PDBR well that was awhile ago. I call the DAV rep and he says that he hasn't walked his happy butt down to the office below him to see if they can fill my request.
I am so pissed as I can't physically do anything to get my records from VA to the PDBR and I am thinking of contacting my Senator and Congressman to get them to light a fire.
I'm also thinking of sending my complete med record from the VA and my time in the military as I have copies of them all. What do you guys think? Should I submit my own records or will they just toss them to the side? Should I contact my representatives in D.C. and see what they can do for me? Let me know what you guys think. Thanks for the great forum to vent my frustrations and have a good weekend.
It wouldn't hurt to get your congressman involved, everyone else on here is, maybe that will help all of our cases!
Also get a hold of the American Legion and see what they can do. Mine has done nothing but kicked ass and took names for me.
Vent away my friend, we are all here to listen. Good luck!
Jason Perry
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I tend to think this may be a big issue for a lot of applicants. From the plain language of the PDBR regulation the member has to request consideration of items not considered unfitting by the PEB. So, I think to be safe, you have to ask for the consideration of these issues AND make an argument that you were unfit at the time of the PEB.
Now, this is a separate legal issue than if the PDBR is required to consider all conditions (I think they do have to by reference to the statute; however since this is a new process and there is no case law, this issue has not been ruled upon by the courts).
From the members who have posted their results and have not gotten a change for conditions not unfitting per the PEB, I suspect this will be a major issue at the PDBR.
As many have said, keep your head up and keep on fighting. If you don't challenge the findings, you cannot win.
Yeah, but Jay, there is no direct authority to write to or a court to take this to is there? I been shooting in the dark with writing appeals, more of the "asking for help" correspondence right about now. Nothing that will directly strike at the PDBR..Feel like im working with cluster bombs instead of a JDAM. I need to put one in their front window, not scatter the whole block. You know what I mean? What would you recommend I do as far as writing or should I consider retaining someone, if so, who?
Do you think Im doing right as well writing to congressman, and different media facets?
I do think that I am fortunate that my doc and psych doc included on my med board that I was unfit for service because of the PTSD and the major depression. I knew that DOD didnt rated it at that time they just put and * next to those issues. At the time I was back on active duty under MRP2 orders to have serjury on my hip. The attending doc did the NARSUM based on my P3 profile for my hip and then he asked the psych doc to input me being unfit because of the PTSD and depression. The Medhold commander at Ft Leonard Wood bout had a cow. He was like "I dont know why these issues have to be included in the medboard?" But there was nothing he could do about it. I'll be damned if I will be treated like a criminal at the medhold by a part time mailman with no combat patch. No offense to mailmen by the way. the commander and first SGT there treated all med hold soldiers like they were thieves and crooks trying to get over on uncle sam. going thru the process I just decided I had had enough of the whole thing. I was ready to put that chapter of my life behind me. Between deployment and medhold I had received my commission as 2LT thru a direct commission in the reserves. Im glad because If i had to be in medhold as an EM they could have messed with me more. LOL just venting.
Fellow veterans, this week on CNN, it will be the veterans time to air out our feelings all week long, president will be speaking to vfw today(monday) live on CNN, veterans please find a town hall meeting near you where CNN will be and let america know how the PDBR and the MILITARY-DOD MEDICAL BOARD has treated us since we was discharge with wartime, INJURIES, OR NOT,from iraq and afganisthan, we as VETERANS have all week, the media,CNN is worldwide, and if we air out the PDBR dirty laundry and the medical boards, also we WILL GET ANSWERS which will lead to RESULTS, my fellow VETERANS, NOWwe have a CHANCE to vett, and to be HEARD, lets not let this opportunity go to waste, ITS time we as veterans from the war in iraq and afganisthan get what we EARNED, we are not BEGGING for NOTHING, we EARNED what we should recieve, FIND a meeting place in yopur state where the media will be(CNN) and let's get this MISSION done.
No meetings in Idaho yet. Hell we just got electricity. Everyone please go to one if it is near you. Don't let the old people or soccer moms speak over you. If you are a veteran who feels he/she got screwed please join an organization. Be it DAV American Legion, VFW, Jewish war veterans. Whatever. WE need younger folks in these orginization. We need everyone to be vigilant and positive.
mike
mike
Where do you search for town hall meetings? Im getting the run around on the search engines..
Has anyone gotten a retirement yet? Has anyone won their case? I hope so. take care everyone and good luck
I guess thats your answer JP..Its been eerily quite lately, nobody responding to questions, updating, nothing.
I talked to them today, they made it sound as if the ones that have a good chance of getting retirement are still their and going to the next stage. But I did see on Military.com, that one had reported getting retirement.
has any one heard anything from, or about the LAWYERS SERVING WARRIORS, which had a lawsuit going in federal court on the injuried iraqi and afganisthan who got SCREW by their service(army)medical boards and who was lowballed with disability rating from 0% to 20%?because it seem the current PDBR board is only following the OLD DOD rules, and ONLY MELTING OUT low ratings, or none at all, from what i have been reading on this site,NO ONE have gotten a retirement out of the PDBR as yet, and that is very strange, if any VETERAN out ther has recieve a rating leading to retirement, PLEASE let us, your fellow veterans know about it, dont be shy, it can help a lot of us out here, to have some sort of understanding of how the DOD_PDBR operate.
Where did you see this Black?
I searched all over military.com and can't find a thing. Also I am case #297 and have heard nothing from the board other then the adjudication unit in Washington got it on 9 July 2009. And that I heard a few weeks back.
On another note, and remember I work with lawyers all day every day....
The regulation says that the PDBR "must consider all conditions" or " pay special consideration to VA awards granted within 1 year of discharge" I am paraphrasing here a little.....but......it says "MUST CONSIDER" it does not say "MUST MODIFY" or "MUST ABIDE BY" etc.
SO...while yes they may have considered everything they where supposed to, they obviously have a lot of leeway to go on doing as the DOD has always done in the past....and that is absolutely whatever they want.
As someone else pointed out, there is no one person to hold responsible, or sue, etc. So in the end, what can you do to the DOD as it stalls, obstificates, and plays the old shell game? None of congress's actions or rules or laws really has any teeth, or what the lawyers call "enforcement provisions / mechanisms".
All you have are individual (or maybe class action) lawsuits which work to DODs advantage as they have bottomless pockets and lawyers on payroll and unlimited time to drag out litigation. All the while hoping to stall until veterans give up in exhaustion or just out and out die. Remember agent orange? I bet half those poor bas%^rds died before DOD or VA could be dragged kicking and screaming to acknowledge it. Or Gulf war syndrome...their excuses and foot dragging on that issue set all new lows on morality and disengenousness.
In short I really hate these guys...I really really do!
On another note, and remember I work with lawyers all day every day....
The regulation says that the PDBR "must consider all conditions" or " pay special consideration to VA awards granted within 1 year of discharge" I am paraphrasing here a little.....but......it says "MUST CONSIDER" it does not say "MUST MODIFY" or "MUST ABIDE BY" etc.
SO...while yes they may have considered everything they where supposed to, they obviously have a lot of leeway to go on doing as the DOD has always done in the past....and that is absolutely whatever they want.
As someone else pointed out, there is no one person to hold responsible, or sue, etc. So in the end, what can you do to the DOD as it stalls, obstificates, and plays the old shell game? None of congress's actions or rules or laws really has any teeth, or what the lawyers call "enforcement provisions / mechanisms".
All you have are individual (or maybe class action) lawsuits which work to DODs advantage as they have bottomless pockets and lawyers on payroll and unlimited time to drag out litigation. All the while hoping to stall until veterans give up in exhaustion or just out and out die. Remember agent orange? I bet half those poor bas%^rds died before DOD or VA could be dragged kicking and screaming to acknowledge it. Or Gulf war syndrome...their excuses and foot dragging on that issue set all new lows on morality and disengenousness.
In short I really hate these guys...I really really do!
Your absolutely right Wilson, I been searching and bombarding vet groups, media, everyone with my story and they just shrug it off like.."I dont know what to do." or pretty much "your shit out of luck." Nobody wants to fight.
Jason Perry
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I suspect that there are several things going awry at the PDBR. However, I have not seen for my own eyes any full results. I have a handful of clients that I am representing at the PDBR but have not received any results as of yet.
Once I have a better fix on what they are doing (or not doing), I foresee filing suit at the US Court of Federal Claims.
I don't think it is as grim as all of that....I think that if they do not grant relief, they have to have a reason that will withstand scrutiny and meets the "arbitrary and capricious" standard. However, I think you are dead on as far as the bad results standing because folks get tired, don't understand their rights, etc. I think there are some relatively simple changes that could be made to fix these issues. However, as you indicated, a lot of folks don't know or don't care. I think that one problem that Congress has is that they don't really know the nitty gritty details of the system and so when they are grilling the military leaders, they don't know the right questions to ask.
Once I have a better fix on what they are doing (or not doing), I foresee filing suit at the US Court of Federal Claims.
I don't think it is as grim as all of that....I think that if they do not grant relief, they have to have a reason that will withstand scrutiny and meets the "arbitrary and capricious" standard. However, I think you are dead on as far as the bad results standing because folks get tired, don't understand their rights, etc. I think there are some relatively simple changes that could be made to fix these issues. However, as you indicated, a lot of folks don't know or don't care. I think that one problem that Congress has is that they don't really know the nitty gritty details of the system and so when they are grilling the military leaders, they don't know the right questions to ask.