Recent content by Rater81

Thank you both so much for your help. i've contacted NVLSP as they assisted me and Latham and Watkins represented me. Hopefully they can assist because, reading this decision, it seems like my PDBR should be overturned as well.

Thank you so much for that in depth information. My condition that wasn't unfitting actually was caused by my unfitting condition. The PDBR also stated this about combined effect "and, with regard to counsel’s argument in the application, an overall effect rating for two conditions is not...

So if I had a PDBR for one condition and got upgraded from 0% to 20%, and they didn't rate my other condition because it wasn't unfitting by itself(although I immediately got a 10% from the VA) would this apply to me as well? This is what was said of my second condition "There was no...

You should be under the new rating which is 10%, 20% or 30% depending on if one or both feet are affected and if you had surgery.

Sir, I have a question. I was medically discharged with 0% in 2005 due to bilateral plantar fasciitis post surgery with no relief. I did the PDBR in 2018 and received a decision just before they changing the rating code giving plantar fasciitis its own rating. Afterwards, they came back with...

I sent my DD-149 to the BCMR in May. How long does it usually take them to respond that they’ve received it and assigned a docket number? Thanks.

I spoke with an attorney today about my PDBR case. Basically, I was medically discharged in 2005 from the Army with 0% unfit rating for bilateral plantar fasciitis post surgery. I applied for the PDBR in 2018 and was given a decision in May of 2020 that upgraded my rating to 10% for each foot...

I hope someone with some legal background or experience can assist with this. What are the reasons you could appeal a PDBR case to the US Federal Court of Claims? I know that PDBR’s only option is to appeal at this legal but I didn’t know what would be basis for an appeal.

Thank you so much for letting me know. I'll keep trying to contact him. He was definitely my first choice as he seems to be the subject matter expert. Thanks again!

I did use peblawyer.com and called.

I had contacted him but I assumed he was very busy since I hadn’t heard back. Thank you for the suggestion.

Does anyone have any recommendations for an attorney to represent me at the US Court of Federal Claims? I appreciate it.

I have a question about this. I was awarded 0% DoD then immediately 30% VA for the same condition. I believe I remember paying back my severance pay. Does this chart indicate that if you receive 30% from the VA and 0% through DoD that you must repay severance? Thank you :)

Yes it does. I just had my PDBR results come back. They rated me 20% for my bilateral plantar fasciitis post surgery with an analogous code. The new code is 5285 and states "No relief from both non-surgical and surgical treatment, bilateral" is a 30% rating which I absolutely qualify for.

Does anyone know if there is anything that can be done if you were medically separated and rated by the Army using an analogous code and now they added an equivalent code for your exact condition in the VA CFR 38 book C? Thank you!