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
All should be notated, i was in Japan when seizures stated happening and they had to carry me out and transport me by helicopter to Japanese hospital for viewing. I then began to see a neurologist. I start 1 medication and he stated that I wasn't stable enough to stay active. I spoke to some officer and he awarded me 10% and severance pay of $1200. I came back home and still saw neurologist and still took 1 medication, but seizures got worse and VA awarded 20% just on me filing. Still seeing neurologist, I began to take a 2nd medication which controlled the grand-map seizure but started having petty-mal seizures more often. I filed another appeal and received 40% and the neurologist put me on a 3rd medication. I haven't appealed the VA anymore but probably can, cause now i face, absence seizures frequently. I now take all 3 medications 2x a day. I see the neurologist every six month and never miss taking the Rx. All this service connected and was just increasing from when i got out till now. I should have fought to stay in...Never had any chance for a board review before getting out.
That you have epilepsy, that it is service connected, that it is now 40% are not likely to be relevant. The military already conceded that you have epilepsy and that it is service connected, as evidenced by the 10% severance. The fact that it has gotten worse and is now at 40% is a red herring. The VA covers the compensation for things that get worse. Military retirement, by law, can only look at the state it was at discharge. If any of your statements to the military include "got worse" or similar lines of evidence, you are arguing that your severance pay was correct. I don't think that's the argument you are wanting to make. You need to restrict your evidence to how it was at discharge. How often the seizures were with the medication you were taking at the time of discharge, not the day after discharge, month after discharge, or 4 years after discharge.
While it seems unfair that they don't consider the way your whole life has changed and the increased difficulties, the laws are written such that the military only gets to consider what your disabilities are like at the day of discharge and the VA is responsible for how things deteriorate from there.
Put in a claim for an increase to your rating with the VA. Likely you deserve higher compensation. Ensure the evidence you send to the PDBR supports the correct story that needs to be told. Likely you deserve a military retirement. Find a good VSO in your area, they are likely able to help sort out what evidence is good and for who.
While it seems unfair that they don't consider the way your whole life has changed and the increased difficulties, the laws are written such that the military only gets to consider what your disabilities are like at the day of discharge and the VA is responsible for how things deteriorate from there.
Put in a claim for an increase to your rating with the VA. Likely you deserve higher compensation. Ensure the evidence you send to the PDBR supports the correct story that needs to be told. Likely you deserve a military retirement. Find a good VSO in your area, they are likely able to help sort out what evidence is good and for who.
Hi. Mike i have some good news after waiting impatiently since Jun i had to do some leg work to track down my retirement packet,after emailing ARBA i was inform to contact the Physical Disability Agency they didn't furnish a phone number, so i had to call Fort Benning post retirement. I was given a number for the PDA in Virginia, made contact with an individual only to find out my packet being sitting on somebody's desk for about two or three months. I am almost certain there are others in the same situation as myself. However i was told i should be receiving an update in two weeks.