PDBR back issue

S

Shakes

Member
Registered Member
Hi all,

Hopefully you can help. I have been scanning the forums and hoping to get some answers, but I seem to keep coming up with more. I am a former Army CPT O3 with 8 years active duty. I served in Iraq, OIF 1 for a tour. I was separated in 2007 via a MEB for degenerative disk disease, herniated L5-S1 and osteoarthritis in spine. I was rated at 0% for both military and VA ratings. I was given a med discharge with separation pay from the military, with the VA payments on hold until that amount is recouped. My condition has continued to get worse, the VA has since diagnosed me with PTSD and the doc says they want to do a sleep test, thinking I have sleep apnea.

Here are my questions:

1. I am planning on submitting an eval for the PDBR, is this is reasonable/worthwhile thing in my position?

2. When I was given separation pay, it was taxed, and although I submitted paperwork with my taxes at the end of the year, the IRS ignored it. What SHOULD I have done, and is there any way I can fix this?

3.Any other info you suggest?

Thank you for any advice!
 
Shakes said:
Hi all,

Hopefully you can help. I have been scanning the forums and hoping to get some answers, but I seem to keep coming up with more. I am a former Army CPT O3 with 8 years active duty. I served in Iraq, OIF 1 for a tour. I was separated in 2007 via a MEB for degenerative disk disease, herniated L5-S1 and osteoarthritis in spine. I was rated at 0% for both military and VA ratings. I was given a med discharge with separation pay from the military, with the VA payments on hold until that amount is recouped. My condition has continued to get worse, the VA has since diagnosed me with PTSD and the doc says they want to do a sleep test, thinking I have sleep apnea.
Here are my questions:
1. I am planning on submitting an eval for the PDBR, is this is reasonable/worthwhile thing in my position?
2. When I was given separation pay, it was taxed, and although I submitted paperwork with my taxes at the end of the year, the IRS ignored it. What SHOULD I have done, and is there any way I can fix this?
3.Any other info you suggest?

Thank you for any advice!
Click to expand...

"I would PM": Jason, maparker or Ed Mercanti...... they are the Resident Experts that I know of.
The questions your asking are with in their scope and technical knowledge for the personal experiences
that your seeking guidance for... ;)
 
Shakes said:
Hi all,

Hopefully you can help. I have been scanning the forums and hoping to get some answers, but I seem to keep coming up with more. I am a former Army CPT O3 with 8 years active duty. I served in Iraq, OIF 1 for a tour. I was separated in 2007 via a MEB for degenerative disk disease, herniated L5-S1 and osteoarthritis in spine. I was rated at 0% for both military and VA ratings. I was given a med discharge with separation pay from the military, with the VA payments on hold until that amount is recouped. My condition has continued to get worse, the VA has since diagnosed me with PTSD and the doc says they want to do a sleep test, thinking I have sleep apnea.

Here are my questions:

1. I am planning on submitting an eval for the PDBR, is this is reasonable/worthwhile thing in my position?

2. When I was given separation pay, it was taxed, and although I submitted paperwork with my taxes at the end of the year, the IRS ignored it. What SHOULD I have done, and is there any way I can fix this?

3.Any other info you suggest?

Thank you for any advice!
Click to expand...
Shakes,

Was your injury incurred while in combat or is the injury combat related?
 
Well it doesn't have to be...... ;)
 
Its not what your conditions are today, but what they were at time of separation. A lot of conditions will get worse as we age and therefore a higher rating from the V.A. however the military will only look at what was making you unfit for duty in 2007. The bad part is the V.A. agreed with the 0% rating in 2007 so odds are against you.
 
Shakes said:
I was separated in 2007 via a MEB for degenerative disk disease, herniated L5-S1 and osteoarthritis in spine. I was rated at 0% for both military and VA ratings. I was given a med discharge with separation pay from the military, with the VA payments on hold until that amount is recouped.
Click to expand...
Huge issue with back ratings prior to about 2009. I was a JAG (actually, Chief, Soldiers' Counsel at the PEB) representing members and routinely in 2007, they would refuse to rate limitation of range of motion for any reason other than "mechanical" limitations. The VA regs and cases state they are required to rate for pain. I would highly suspect you have a case based on how they rated your case.


My condition has continued to get worse, the VA has since diagnosed me with PTSD and the doc says they want to do a sleep test, thinking I have sleep apnea.
Click to expand...
You have to look at your condition as they were when you were separated. That said, you might have a claim for wrongful discharge, which if found in your favor, would perhaps allow you to be returned to duty for a new PEB. The key is 6 years statute of limitations. What was the date of your separation?


Here are my questions:

1. I am planning on submitting an eval for the PDBR, is this is reasonable/worthwhile thing in my position?
Click to expand...

Need more info to know for sure. Given that you are perhaps coming up on statute of limitations, court might be a better route.


2. When I was given separation pay, it was taxed, and although I submitted paperwork with my taxes at the end of the year, the IRS ignored it. What SHOULD I have done, and is there any way I can fix this?
Click to expand...
Depends on what steps you have taken, but, there is a general 3 year statute of limitations for challenging IRS issues. You can still go after this money, though, through the BCMR.
 
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