New And Improved Servicemember Mental Health Review Act

[maparker]

Congressman Walz is proposing a better version of his bill to expand the authority and duration of the Physical Disability Board of Review. Attached is the language of the bill. Congressman Walz's office is looking for cosponsors, especially republican cosponsors, to make this a widespread and bipartisan effort. Please contact your Congressman and ask him/her to support this legislation.

Some key elements of the new bill I noticed include:

- Expansion of the PDBR authority to review discharges for personality and adjustment disorder.

- Extension of the eligibility for PDBR review from the existing eligibility window of 9-11-2001 to 31 December 2009 to the new eligibility window of 9-11-2001 to 31 December 2014.

- A right to request a reconsideration of the PDBR findings by showing new evidence of by demonstrating an error in the recommendation.

- Mandating that Service Secretaries can only reject a PDBR recommendation if they can demonstrate the recommendation is clearly in error.

Mike

 

[Jason Perry]

Mike,

I am not sure whether Mr. Walz (or his staffers) have looked at this issue, but one thing that caught my eye was the potential for folks who were found unfit for one condition (say, a knee injury) at 10%, and then had a CAT III condition listed as personality disorder to not be able to get review of the mental health condition. If I am reading this right, it looks like the adjustment disorder/personality disorder will only be reviewed if it was a basis for separation. This would almost certainly only capture those who were ADSEP only for adjustment/personality disorder, but not those who went through PEB and also had these conditions. While the bill is a great step in the right direction, I wonder if this issue was considered. Seems bizarre that PEB'd folks would not have the same opportunity to have these conditions reviewed. Do you have any contact with his staffers or a point of contact?

 

[maparker]

Jason,

Good point. I have seen DA 199's with multiple conditions where one is personality or adjustment disorder. Currently the PDBR can review all conditions considered by the PEB so I assume the PDBR can review adjustment/personality disorder if it was considered by the PEB. This leads to another question, what about those medically retired for other conditons but also diagnosed with personality/adjustment disorder.

I will find the email from the staffer and forward it to you.

Mike

 

[Gator6]

I completed a TBI screening recently and I was told the my results were inconclusive. The TBI board stated that my pain level may have been to high and the back ground noise from on going construction may have played apart in the results. However, the board refused to retest me and further stated that my expectations were to high for treatment. Do any one have any advice on how to beat this machine they call medical.

 

[Gator6]

One more thing, the military providers keep writing negative comments in my medical notes all personal. How can I get those none medical notes removed from my medical records?

 

[AmyGallay]

One more thing, the military providers keep writing negative comments in my medical notes all personal. How can I get those none medical notes removed from my medical records?

I was always told, when working at the hospital, notes cannot be taken out, deleted, or thrown out. Even if they are incorrect, you write a memorandum with the correction.

Sort of like when something is objected in court, the judge tells the jury to disregard it but the already heard it.

 

[Gator6]

It makes since, thanks Amy...

 

[eps17]

I hope this legislation passes committee and makes it to the floor of the US House. My MEB was after the cut-off for the PDBR review. I was rated 10% by the USAF for depression, and rated 70% for PTSD and other unfitting conditions by the VA prior to discharge. This all happened after 10 years of service. I feel a retirement was more appropriate so I'm hoping this bill goes through!

 

[Warrior644]

I hope this legislation passes committee and makes it to the floor of the US House. My MEB was after the cut-off for the PDBR review. I was rated 10% by the USAF for depression, and rated 70% for PTSD and other unfitting conditions by the VA prior to discharge. This all happened after 10 years of service. I feel a retirement was more appropriate so I'm hoping this bill goes through!

Welcome to the PEB Forum!

Nonetheless, never default acceptance to potential injustice while championing for well-earned and well-deserve military disability compensation and military healthcare benefits.

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

Best Wishes!

 

[eps17]

I will spend my life on this website and I will save money until I can afford Jason's retainer for the AFBCMR. 10% from the Air Force, 70% from the VA for the same condition prior to discharge. If I had gone through the IDES instead of the Legacy MEB or if my case was eligible for the PDBR I would not have to invest my time and money to do this. I have to do this, and I have to do it right the first time.