Got a PDBR Letter from the VA

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will46r

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Registered Member
Was medicalled out of the Army in 04 with cervical strain, arthritis, apnea and depression. PEB gave me 0%, I didn't fight because I was stressed by everything, horrible Command climate when my PEB started and already had a great job lined up. Am currently VA rated 20% for the cervical strain, 20% for the arthitis, 50% for the apnea and 100% P&T for PTSD. The cervical strain and PTSD are directly related to service as a medic in Desert Storm. I'm looking for my paperwork but apnea and the cervical issue were what put me out. The cervical injury gave me a "dead man's profile". My medical severance pay from the Army is repaid in full, is it worth the time and effort to apply for PDBR? Will it change my finances? Thanks
 
You would have to run the numbers to see how you would fare with a disability retirement. However, it is likely that you would do better with a disability retirement (you should also consider whether your conditions would be combat related, which would qualify you for Combat Related Special Compensation).
 
if you decide to do it from everything i have been reading make sure to ask them in the application review all medical issues found in PEB/MEB not just the condition you were rated on for separation from what i have seen those that have them look at all conditions have a higher success rate then the ones who dont say anything
 
Jason Perry said:
You would have to run the numbers to see how you would fare with a disability retirement. However, it is likely that you would do better with a disability retirement (you should also consider whether your conditions would be combat related, which would qualify you for Combat Related Special Compensation).
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idfirefighter30 said:
if you decide to do it from everything i have been reading make sure to ask them in the application review all medical issues found in PEB/MEB not just the condition you were rated on for separation from what i have seen those that have them look at all conditions have a higher success rate then the ones who dont say anything
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@idfirefighter30, welcome to the PEB Forum! :)

Indeed, overall good insightful feedback in my opinion! ;)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
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I would absolutely have the PDBR review this case. If the PEB found you unfit for sleep apnea and it required a CPAP at that time, you will undoubtedly receive disability retirement. The PDBR was established to fix past cases where PEB low-balled disability ratings by rating them via non VASRD rating criteria. Sleep Apnea was a egregious example of DoD/Services creating non VASRD rating criteria to keep ratings below 30% and avoid disability retirement. The VASRD clearly states sleep apnea that requires a CPAP to be rated at 50%. DoD and the services created new (albeit illegal) criteria to rate such conditions 0% to avoid disability retirement.

Mike
 
idfirefighter30 said:
if you decide to do it from everything i have been reading make sure to ask them in the application review all medical issues found in PEB/MEB not just the condition you were rated on for separation from what i have seen those that have them look at all conditions have a higher success rate then the ones who dont say anything
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Welcome to the forum and yes that is great advice!
 
maparker said:
I would absolutely have the PDBR review this case. If the PEB found you unfit for sleep apnea and it required a CPAP at that time, you will undoubtedly receive disability retirement. The PDBR was established to fix past cases where PEB low-balled disability ratings by rating them via non VASRD rating criteria. Sleep Apnea was a egregious example of DoD/Services creating non VASRD rating criteria to keep ratings below 30% and avoid disability retirement. The VASRD clearly states sleep apnea that requires a CPAP to be rated at 50%. DoD and the services created new (albeit illegal) criteria to rate such conditions 0% to avoid disability retirement.

Mike
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I just found out today (10/1/13) about the 2008 defense authorization act and the PDRB. I was MEB/PEB in 2005 for sleep apnea...0% disability rating (I did get tricare for life though) but I received a 50% from the VA (CPAP machine use). I remembering thinking and feeling at the time how this was all wrong and that 0% was not right... almost 23yrs of service active and reserve. Iraq 03-04....I will be filling out DA form 294 and mailing it in. For anyone not familiar with PDRB go to the secretary of defense web site...search physical disability review board....go to their website and see FAQ, and all the info on the review process. I have seen another website that states 61% of all applicants receive a change in ratings. Better late then never to correct a flawed/unfair process.
 
maparker said:
I would absolutely have the PDBR review this case. If the PEB found you unfit for sleep apnea and it required a CPAP at that time, you will undoubtedly receive disability retirement. The PDBR was established to fix past cases where PEB low-balled disability ratings by rating them via non VASRD rating criteria. Sleep Apnea was a egregious example of DoD/Services creating non VASRD rating criteria to keep ratings below 30% and avoid disability retirement. The VASRD clearly states sleep apnea that requires a CPAP to be rated at 50%. DoD and the services created new (albeit illegal) criteria to rate such conditions 0% to avoid disability retirement.

Mike
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I have fibromyalgia which the VA rates at 40% on the VARSD but the MEB refused to give me my military retirement stating we couldn't prove it was "separately unfitting." This was their loophole for denying me. They also refused to address my Dx of PTSD because the medical doc refused to document in my medical record what had been done to me. I had been locked in a room with POWs by our own chain of command. I was so devastated by this event that I couldn't even speak about it to my husband for weeks after I returned home. I had been medivaced off the ship due to a severe reaction I had after receiving my sixth Anthrax vaccination and a Polio vaccine at the same time. So sick they had to come get me 48 hrs after in my room three decks down. Had a migraine attack so severe I didn't respond to morphine IVP given by the doc so he sent me to Spain via chopper to be sent home early. The command wasn't..t please with my situation so my MEB was already decided before I addressed them. Which I never spoke of my situation to them because I was afraid of the command. They had taken me aside and threatened to pursue judicial charges against me if the MEB didn't find me unfit for duty. I was given a separation pay and discharged. The VA reviewed my PTSD and rated me at 70% military service connected with 40% fibromyalgia service connected ....now 100% due to unemployablity. But my military retirement was never regained. Any advice would be greatly appreciated.
 
jloren1 said:
I just found out today (10/1/13) about the 2008 defense authorization act and the PDRB. I was MEB/PEB in 2005 for sleep apnea...0% disability rating (I did get tricare for life though) but I received a 50% from the VA (CPAP machine use). I remembering thinking and feeling at the time how this was all wrong and that 0% was not right... almost 23yrs of service active and reserve. Iraq 03-04....I will be filling out DA form 294 and mailing it in. For anyone not familiar with PDRB go to the secretary of defense web site...search physical disability review board....go to their website and see FAQ, and all the info on the review process. I have seen another website that states 61% of all applicants receive a change in ratings. Better late then never to correct a flawed/unfair process.
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How did you receive Tricare for life with a disability rating of 0 %?
 
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