Hello,
I was separated from the Army in 2009 for unknown chronic low back pain at 20%. During my boards I presented evidence (in the form of a written letter from my surgeon at Walter Reed) that my my back pain was not unknown (it was from degenerative disk disease and 2 ruptured disks) and that I was a candidate for surgery (the board had indicated that I was not a candidate for surgery). Despite the evidence that I presented, I was scheduled to separate anyway. I had to contact my Congressman or Senator for their help so that my discharge date could be moved back far enough so that I could still have my surgery and physical rehab before I was kicked to the curb.
When I was getting out of the Army I was part of pilot program at Walter Reed where we all meet with the VA to expedite our claims. I was rated at 90% overall, (50% for Sleep Apnea [that was originally diagnosed as chronic fatigue at a lower rating but after tests it was found that I needed a CPAP machine...), 30 or 40% for mental health issues that were being treated while on active duty, and several other smaller claims. Years later I still have not received my final rating for my back from VA, they initially rated me at 20% but I disagreed, testified at the BVA in DC in 2013, and in 2014 my case was remanded to my VA service office where my case has been sitting for over a year.
Over the last several years I have been going to DAV for help but my case was bounced between a different counselor every time I went in. In late 2013 or early 2014 I was instructed to apply to the PDBR by a DAV rep. I was told that there was a very good chance that my separation would be changed into a retirement by going through their process.
Yesterday I received a letter from the PDBR stating that they could not help me because my case had already been reviewed by the reviewing authority at the Army in 2011. I know that another DAV representative had sent paperwork to a reviewing Authority in the Army at one time but I do not recall the specifics of the case.
Yesterdays letter from the PDBR was one of the most demoralizing experiences I have had in dealing with the Army and DoD to date because they have never correctly recognized my issues since the beginning. I'm exhausted from fighting but I was really counting on the retirement health care benefits for my family that I believe that I have earned (my fiance is being treated at a cancer center and we have both been counting on the retirement health benefits as a way to help with the rising/ongoing medical costs once we are married).
According to yesterdays letter, I failed to appeal the Army's Review of my case within a year. I know that there is a statute of limitations for perusing Federal Court Cases (although I'm not entirely sure when the clock starts). I contacted the NVLSP and I was also considering a call to attorney Jason Perry of peblawyer.com but his fees easily go up to $20,000 for a case at my level of appeal.
I really do not know what to do next... Do I have a case or any avenues left of appeal (through the PDBR, other agency/board, or Fed Court)? Is it even worth perusing at this point? Who should I speak consult with or hire (assuming that I do have a case)?
I am frustrated with the varied and often contradictory advice that I have received through DAV, to the point that I believe that most of my issues are due to poor representation (in fairness, I am sure that there are some great people working there but I have not consistently had the pleasure of working with them). We (veterans) are not lawyers yet we have to fight using the laws (like a lawyer) just to receive the benefits that we are rightfully owed for our service/sacrifice. Sorry for my ranting, I'm just very disappointed and I'm getting tired of fighting at this point.
Thank you for any advice that the community can give.
I was separated from the Army in 2009 for unknown chronic low back pain at 20%. During my boards I presented evidence (in the form of a written letter from my surgeon at Walter Reed) that my my back pain was not unknown (it was from degenerative disk disease and 2 ruptured disks) and that I was a candidate for surgery (the board had indicated that I was not a candidate for surgery). Despite the evidence that I presented, I was scheduled to separate anyway. I had to contact my Congressman or Senator for their help so that my discharge date could be moved back far enough so that I could still have my surgery and physical rehab before I was kicked to the curb.
When I was getting out of the Army I was part of pilot program at Walter Reed where we all meet with the VA to expedite our claims. I was rated at 90% overall, (50% for Sleep Apnea [that was originally diagnosed as chronic fatigue at a lower rating but after tests it was found that I needed a CPAP machine...), 30 or 40% for mental health issues that were being treated while on active duty, and several other smaller claims. Years later I still have not received my final rating for my back from VA, they initially rated me at 20% but I disagreed, testified at the BVA in DC in 2013, and in 2014 my case was remanded to my VA service office where my case has been sitting for over a year.
Over the last several years I have been going to DAV for help but my case was bounced between a different counselor every time I went in. In late 2013 or early 2014 I was instructed to apply to the PDBR by a DAV rep. I was told that there was a very good chance that my separation would be changed into a retirement by going through their process.
Yesterday I received a letter from the PDBR stating that they could not help me because my case had already been reviewed by the reviewing authority at the Army in 2011. I know that another DAV representative had sent paperwork to a reviewing Authority in the Army at one time but I do not recall the specifics of the case.
Yesterdays letter from the PDBR was one of the most demoralizing experiences I have had in dealing with the Army and DoD to date because they have never correctly recognized my issues since the beginning. I'm exhausted from fighting but I was really counting on the retirement health care benefits for my family that I believe that I have earned (my fiance is being treated at a cancer center and we have both been counting on the retirement health benefits as a way to help with the rising/ongoing medical costs once we are married).
According to yesterdays letter, I failed to appeal the Army's Review of my case within a year. I know that there is a statute of limitations for perusing Federal Court Cases (although I'm not entirely sure when the clock starts). I contacted the NVLSP and I was also considering a call to attorney Jason Perry of peblawyer.com but his fees easily go up to $20,000 for a case at my level of appeal.
I really do not know what to do next... Do I have a case or any avenues left of appeal (through the PDBR, other agency/board, or Fed Court)? Is it even worth perusing at this point? Who should I speak consult with or hire (assuming that I do have a case)?
I am frustrated with the varied and often contradictory advice that I have received through DAV, to the point that I believe that most of my issues are due to poor representation (in fairness, I am sure that there are some great people working there but I have not consistently had the pleasure of working with them). We (veterans) are not lawyers yet we have to fight using the laws (like a lawyer) just to receive the benefits that we are rightfully owed for our service/sacrifice. Sorry for my ranting, I'm just very disappointed and I'm getting tired of fighting at this point.
Thank you for any advice that the community can give.