Introduce yourself

welcome dwoodru11,
i was going to say "aim high" for your MEB, but our new motto is "above all now" so it does'nt have the appropriate ring to it under these circumstances.
sorry i'm getting tired and probably not making sense:D
 
Used to Be Army Strong said:
Fort Benjamin Harris or Fort Grissom AFB
Click to expand...

Grissom AFB. About 10 years ago a newbe showed up at the shop. He was from near the base (Logansport). I asked him what ever happen to Grissom? He said it's a prison now & a reserve base. LOL

X
 
X,
This is true but I think something is going on over there becuase I have seen over 100 civilan jobs posted for there so.. but hey had also been useing it as ground and air space for the air shows.
 
Love the site and all the good people on here.
I am an active duty Navy E6 stationed in Sugar Grove WV (strange i know) I have also been stationed in Aurora CO, Pearl Harbor HI and started my career where I will probably end it in sugar grove. I will have 12 years in 10 days. I have been married for 12 years as well and have 3 children a 7yr old boy and twin 5yr old girls. Once again thank you to Jason for starting a great and very benefical web site that will give back to all of us and those who will continue to need this help and support in the future. Scott
 
Scott,

Welcome aboard! I am glad to help get the information out there to those who need it...

I have always wondered about Navy activities/bases in areas far from the ocean. I used to work for US Southcom and one of the countries in South America (I can't remember which one) has a navy, even though they are landlocked and have only a large lake.

I hope this site is helpful to you and if you have any questions, just ask.
 
I'm a VN era AF puke - retired JAG. Now I do nothing but VA disability work from a hole in the wall in Tempe, AZ. Got on this website because I've been dragged back into a PEB case at Walter Reed. I've tried to stay out of PEB cases because I think they're rigged against the soldier and I can generally get a better deal at the VA. I have a lot of catching up to do, particularly wrt this Pilot Program railroad job. I had to jump in because of the VA aspect to it. All the VA disability ratings for the PP are done at the Bay Pines office in St. Pete, FL - an office well known to be one of the most veteran hostile VARO's in the country. Nice start.

Has anybody asked this: In the Pilot Program, it looks like the PEB does the part of the case that decides "EPTS" and "aggravation." But the VA has a much higher burden to find a case EPTS or aggravted than the PEB does. See 38 USC 1111 &1153. So how come the PEB decides that issue? Even if they do, the VA ought to have to decide it again, using the tougher standard.
 
TJarvi,

Welcome! I am always glad to have practitioners in this area join us because it gives other points of view and helps to make us all smarter.

Interesting question! I think the short answer (and not meant to be flip) is they do it that way (PEB decides fit/unfit, EPTS and service aggravation) because the regs state they do. And they probably did that because the threshold question of fitness/unfitness for a particular condition is tied to the other questions (EPTS/SA).

But, to address your other point, I think the VA does have to re-adjudicate the issue of service connection and EPTS even if the PEB found differently and of course that means they have to use the standards more favorable to the veteran. In my opinion, the PEBs findings are only applicable to the Service Secretary's determination, but are not binding on the VA. Getting there may take appeals through regular VA procedures.

What strikes me as bad/unfair/illegal is the fact that under the DoD/VA Pilot program, the Servicemember has no right to a hearing on the issue of the rating before separation or retirement. However, his/her ultimate appeal on the rating issue is handled with a NOD and perhaps BVA or US CAVC appeal. Overall, I tend to think that it is more advantageous for a Servicemember to be in the Pilot Program. But, I also think that the use of this procedure is open to challenge.

The real problem (and opportunity) is that the Pilot Program is less than a year old, so there is no case law out there. However, I think they have inadvertently created jurisdiction in BVA and CAVC for these PEB cases by making the rating determinations run through the VA. In my mind this is a very good thing for those going through the PP.
 
Hello and best regards to all here.

I am currently serving as a patient in the Warrior Transition Unit at Fort Bliss. Six months ago I got a permanent 111113 profile for PTSD. I just finished the MEB/PEB process this month.

I thank Jason (my attorney), this forum and Army Times for helping me fight for my rights.

I'll post my timeline this weekend.

Frank

SSG FRANK ADAMS
WARRIOR TRANSITION UNIT
FORT BLISS TX
 
Hello,


Name is Tim joined a couple weeks ago. i got out medically in sep 2004. got a couple questions for ya. im not sure what rights u have after u were seperated (specaily almost 4 yrs ago) but i just heard about this board of review. i have been doing some research on this and have yet to find out how to apply. i got a 10% for ptsd from the army even though i got blown up in iraq in 2003 and spent over a month in germany. i get 80% from the V.A.( 50% is for headaches and ptsd which is what i got out for) now when the med board gave me my rating i appealed it and had to write a letter to send to them. i got a reply back in less then a week saying that 10% is what im getting. so i guess my question is what can i do about it. should i go through the board of corrections or wait for this board of review. sorry its so long but after i got put through the ringer by the army i couldnt wait to get out, now i want to fight for what i earned. thanks for your time hope i can get some info.....
 
Tim,

Welcome! As far as the Physical Disability Board of Review (PDBR), though the DoD established the board, they also named the AF as the lead agency and the details of how to file an appeal have to be published. I suspect that his board will be faster than an Army Board for Correction of Military Records petition, but that board is an option for you as well. I will be posting details of how to appeal to the PDBR once the details are published.

One thing you need to keep in mind is that there is a six year statute of limitations for filing suit in the US Court of Federal Claims. That court is where you can really hold their feet to the fire on deciding your case correctly.

I hope you are succesful in getting the benefits you deserve.
 
so im guessing that means to go ahead and get council. what happens when i do. do i have to go to court and testify and all that. should i ask the V.A for help ( to be honest they have not been that much help at all for me ive had to fight them for the last 2 years for stuff). i guess im just not sure what to do. but thank you for your info sir and all you do for us on this site..
 
Tim,

Glad to help!

For the administrative appeal it is not neccesary to appear personally (and it is unclear if the PDBR will even permit/require personal appearance). For the Court of Federal Claims case, it probably would not require appearance, either, as the case is really challenging the administrative findings of the Army and it is mostly legal argument (based on the filings).

I do recommend legal representation if there is any possibility of going to Federal court. The reason is that it is important to raise legal issues at the administrative level that you would want to argue on appeal to the Federal court.

As far as getting the VA to help, they do not provide attorneys. But, I think you mean from a VSO (Amvets, or DVA, or any other vet organizations). I do not know if they will provide representation at the PDBR. They tend to focus their assistance at the BVA or in some cases at the Court of Appeals for Veterans Claims.
 
One other thing, remember that if you are succesful on appeal to US Court of Federal Claims, you can apply for an award of attorney's fees and costs under the Equal Access to Justice Act.
 
Hello

Hi Everyone,

Thanks everyone here for the information! Two of my friends have recently undergone the MEB/PEB process and they directed me here for information. I have just discovered that I will be undergoing an MEB and perhaps PEB in the near future. I am sure I will have many questions and am a bit apprehensive about the entire process....I want to thank everyone in advance for all the help and support here!

Take Care!

Mike:)
 
Thanks Purple.....

I will certainly ask questions although I am a bit apprehensive about this whole situation...definitely something I never imagined I would find myself in!
 
MikeNM,

Good to have you here! I hope you get through this process with the result you want.
 
Well, we are here to assist if possible. And again, welcome to a GREAT forum!
 
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