Hi I'm just fishing i know there are more intelligent people out there who may be able to shine some light on my situation. I was medically discharged april 2004 and was given a 10% disability rating for asthma which is combat related and severance pay for E-6 with 12 years. The VA also gave me 10% which they paid back to the Army. I was recently awarded 70% by the VA. A week ago i received notification from the VA that i may be eligible for a disability retirement, i filled out the necessary paperwork mail them and I'm now awaiting a response. Question is how long does this process usually take.
PDBR Process
- Thread starter Kilago
- Start date
Is the VA going back and retroactively assigning the 70% rating to when your origonal claim was rated? Did the rating go up to 70% on the Asthma alone, or are there other conditions that combine to make the 70%?
The reason I ask is because a disability retirement from the military is based on a condition and rating at the time. You would have to show that your unfitting condition was rated incorrectly at the time to get it changed to retirement.
As to your question, it is going to take at least a few months.
The reason I ask is because a disability retirement from the military is based on a condition and rating at the time. You would have to show that your unfitting condition was rated incorrectly at the time to get it changed to retirement.
As to your question, it is going to take at least a few months.
i'm receiving 60% for ashma and 10% for removal of bone spur on my elbow also 10% for knee strain. i have reclaimed twice for ashma it went from 10% to 30% and now iys at 60%. Hope that answer your question. I don't think they were retroactively correcting a previous assignment.
Kilago - you indicated that the Asthma was combat related - did they code it that way, or was it coded occurred in a combat zone. From what I have seen, they are not making respiratory problems combat related. Thanks...Bob
So the problem that you may face is what I mentioned before. You were initially rated at 10% and your condition has worsened over the years resulting in higher awards. DOD is more than likely going to go with what they rated initially unless you have some kind of proof that they rated it wrong when you were boarded. It may not seem right to you, but they do not award retirement based on a condition worsening.
This is why Temporary Duty Retirement List (TDRL) and Permanent Duty Retirement List (PDRL) lists exist. TDRL is what DOD uses to retire a service member with an unstable condition. This gives them five years to perform additional evaluations because the condition was not considered stable for rating reasons (the condition would likely get better or worse) PDRL is used when they consider a condition stable. Severance is also used when they feel a condition is stable. In your case they chose severance because they felt the asthma was stable enough to rate. From the sound of things the VA concurred as well.
If the PDBR was to take worsening conditions over time into consideration as a retirement factor, there would be a huge amount of service members who would be getting retired based on conditions like knees, ankles, backs and other issues being added to the retirement roles. This just isn't the way the laws are written.
I don't wish to be negative, but I wanted to point out this is what you are up against. You are going to have to prove they rated it wrong at the time of discharge. I am glad your VA rating has gone up and you are being compensated for your condition. Please don't take this as a reason not to try. Just be aware that it is by no means just a procedural hurdle you just have to jump over and automatically get retirement from DOD.
Best wishes,
Joe
Kilago, to answer your question I filed PDBR paper work and sent off to PDBR they acknowledged receipt and said it should take 16 months to finish. Two months later I received another letter form PDBR stating they had recovered all my records from VA and DOD and to finish the process should take another 10 months. If they stick to that schedule it should be done in another 8 months for a total real-time of 10 months. Well see. Good Luck
I'm quoting from my discharge orders. Percentage for disability10%
Disability is base on injury or disease received in LOD as a result of armed conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law. I hope it answer your question I'm not very knowledgable on this.
I hope everything goes well for you good luck.
If i remember correctly i was at first prescribed albuterol inhaler and advair. Which didn't help too much.
Thanks for the info, all i can hope for now is the best.
Below are the VASRD ratings for asthma. You need to demonstrate you should have been rated at 30% or more at the time of discharge. That depends on inhaler use, type of inhaler, and FEV-1 values. If you can demonstrate 30% or more via the VASRD criteria at the time of discharge, you need to lay out the case in your PDBR application. If so, you may also have a CUE case with the VA for the initial 10% rating.
Mike
FEV-1 less than 40-percent predicted, or; FEV-1/FVC less than
40 percent, or; more than one attack per week with episodes of
respiratory failure, or; requires daily use of systemic (oral or
parenteral) high dose corticosteroids or immuno-suppressive
medications....................................................................................................... 100
FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55
percent, or; at least monthly visits to a physician for required
care of exacerbations, or; intermittent (at least three per year)
courses of systemic (oral or parenteral) corticosteroids...................................... 60
FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70
percent, or; daily inhalational or oral bronchodilator therapy,
or; inhalational anti-inflammatory medication.................................................... 30
FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80
percent, or; intermittent inhalational or oral bronchodilator therapy.................. 10
Mike
FEV-1 less than 40-percent predicted, or; FEV-1/FVC less than
40 percent, or; more than one attack per week with episodes of
respiratory failure, or; requires daily use of systemic (oral or
parenteral) high dose corticosteroids or immuno-suppressive
medications....................................................................................................... 100
FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55
percent, or; at least monthly visits to a physician for required
care of exacerbations, or; intermittent (at least three per year)
courses of systemic (oral or parenteral) corticosteroids...................................... 60
FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70
percent, or; daily inhalational or oral bronchodilator therapy,
or; inhalational anti-inflammatory medication.................................................... 30
FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80
percent, or; intermittent inhalational or oral bronchodilator therapy.................. 10
Thx for info
Thx, I will have to look into that.
Im new here also, an Army Vet who only got to serve 2 years because developing Epilepsy over in Japan. The Amy awarded me 10% and a separation pay of $1,200. After an examination with the VA and still having multiple seizures, license suspended for 6 months, they moved me up to 40%. I got out taking 1 medication, now I take 3 twice a day. Ive been out since 2004, and without me even knowing this paperwork and forms come in the mail to fill out for PEB. I filled it out and mailed it off last month...I emailed them, they said there waiting on my medical records, what happens next....All this came out of the Blue.
Kilago,
I was out for most of July and missed your question. You need to file an appeal with the VA. You should engage a Veteran Service Office for assistance. Try googling VA VSO for the area you live in.
Dmj2345,
What is the effective date of your initial 40% rating? Is it effective from the date of separation?
Mike
I was out for most of July and missed your question. You need to file an appeal with the VA. You should engage a Veteran Service Office for assistance. Try googling VA VSO for the area you live in.
Dmj2345,
What is the effective date of your initial 40% rating? Is it effective from the date of separation?
Mike