PDBR application shipped from Air Force Vet

V

vinniedr

PEB Forum Regular Member
Registered Member
Hello,
I am so nervous about my application I just mailed! I'm pretty sure I'm shell shocked from all I went through in 2009. Board at that time found CategoryI 10% anxiety disorder Category II they listed PTSD as unfitting and existed prior with no service aggravation. Category III Personalty disorder paranoid and avoidant.
VA rated me at 50% for my PTSD when I separated in addition to 10 percent lumbar strain and 0 percent TMJ.
I read this process I supposed to take 60 days. How long does it really take? And what are my chances for retirement?
Now with the VA I'm 70 % is this worth it? I feel so un empowered by it all like they took all my fight. This seems so final, if they rule the same it's no need in going to BCMR right?
 
vinniedr said:
Hello,
I am so nervous about my application I just mailed! I'm pretty sure I'm shell shocked from all I went through in 2009. Board at that time found CategoryI 10% anxiety disorder Category II they listed PTSD as unfitting and existed prior with no service aggravation. Category III Personalty disorder paranoid and avoidant.
VA rated me at 50% for my PTSD when I separated in addition to 10 percent lumbar strain and 0 percent TMJ.
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It is hard to tell or to hazard a guess as to the substance of your arguments and your likelihood of success. Would really need to know more about your case to weigh in with a lot of substantive comments. However, it seems to me a potential clear error is the parsing of Anxiety disorder and PTSD as separate conditions- PTSD is a subset of Anxiety disorders, so I don't see how or why they could make a distinction between the two given that much of the symptomology is going to be the same. I would also question the EPTS/No service aggravation finding.


I read this process I supposed to take 60 days. How long does it really take?
Click to expand...
I have seen a wide range of time for these cases. 60 days is way too short in my experience. I would think 6-10 months would be more likely. This is anecdotal based on my own experiences and I have not recently looked at average timelines on these cases in quite some time. But, average timelines won't help anyway...it is the individual case that matters and those can fall outside of averages.

And what are my chances for retirement?
Click to expand...
PDBR has granted relief in a greater percentage of cases than BCMR. However, this falls in the same realm as my earlier comments about "averages." They don't mean a thing when the real issue is your own case and likely outcome. Like I wrote above, I don't know enough about your case to weigh in with what I think they will likely do. Moreover, there is a difference between what they are likely to do and what they are required to do under the law. There may well be an issue that should result in your "winning," but that they get wrong.

Now with the VA I'm 70 % is this worth it? I feel so un empowered by it all like they took all my fight. This seems so final, if they rule the same it's no need in going to BCMR right?
Click to expand...

I would think that it is certainly worth the fight. You would gain a retirement out of a successful application and, if you have a combat related injury (sounds like the PTSD would qualify), you would also be eligible for Combat Related Special Compensation.

As for going to BCMR after PDBR, you cannot for the same issues. For later appeals, you would need to go to Federal Court (most likely Court of Federal Claims).

I hope all works out in your favor!
 
This is my summary my mother had no involvement nor was she listed in any of my records. Basically the off base provider and the VA acknowledged my PTSD but not the military.image.jpg
 
Also my records for inpatient show tx axis 1 depression and PTSD not just depression like they wrote.
 
The PEB failed to properly follow the standards for deeming the condition EPTS w/o aggravation. I would specifically write another letter to the PDBR asking that their review adhere to the EPTS presumption standards in the attached document. Specifically request the PDBR to provide the clear and unmistakable evidence that overcomes the preemption od sound condition and service aggravation as required under law 910 USC 1201). The PEB stating you probably had PTSD falls woefully short of clear and unmistakable evidence that your PTSD preexisted service. The VA also service connected your PTSD contrary to the PEB's position.

Mike
 

Attachments

Where did your MEB BH evaluation take place? The wording looks very similar to what was used at JBLM (Madigan) to erroneously rule out PTSD.
 
maparker said:
The PEB failed to properly follow the standards for deeming the condition EPTS w/o aggravation. I would specifically write another letter to the PDBR asking that their review adhere to the EPTS presumption standards in the attached document. Specifically request the PDBR to provide the clear and unmistakable evidence that overcomes the preemption od sound condition and service aggravation as required under law 910 USC 1201). The PEB stating you probably had PTSD falls woefully short of clear and unmistakable evidence that your PTSD preexisted service. The VA also service connected your PTSD contrary to the PEB's position.

Mike
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Will do Mike thanks. I haven't heard anything from them yet in regards to my case however I did get tracking confirmation of receipt.
 
gsfowler said:
Where did your MEB BH evaluation take place? The wording looks very similar to what was used at JBLM (Madigan) to erroneously rule out PTSD.
Click to expand...
gsfowler, my Formal was held at Lackland but my eval was done in Florida.
 
Jason Perry said:
It is hard to tell or to hazard a guess as to the substance of your arguments and your likelihood of success. Would really need to know more about your case to weigh in with a lot of substantive comments. However, it seems to me a potential clear error is the parsing of Anxiety disorder and PTSD as separate conditions- PTSD is a subset of Anxiety disorders, so I don't see how or why they could make a distinction between the two given that much of the symptomology is going to be the same. I would also question the EPTS/No service aggravation finding.



I have seen a wide range of time for these cases. 60 days is way too short in my experience. I would think 6-10 months would be more likely. This is anecdotal based on my own experiences and I have not recently looked at average timelines on these cases in quite some time. But, average timelines won't help anyway...it is the individual case that matters and those can fall outside of averages.


PDBR has granted relief in a greater percentage of cases than BCMR. However, this falls in the same realm as my earlier comments about "averages." They don't mean a thing when the real issue is your own case and likely outcome. Like I wrote above, I don't know enough about your case to weigh in with what I think they will likely do. Moreover, there is a difference between what they are likely to do and what they are required to do under the law. There may well be an issue that should result in your "winning," but that they get wrong.



I would think that it is certainly worth the fight. You would gain a retirement out of a successful application and, if you have a combat related injury (sounds like the PTSD would qualify), you would also be eligible for Combat Related Special Compensation.

As for going to BCMR after PDBR, you cannot for the same issues. For later appeals, you would need to go to Federal Court (most likely Court of Federal Claims).

I hope all works out in your favor!
Click to expand...
I added my summary but didn't reply to your quote directly, sorry about that
 
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