Greetings all. I need help with finding an attorney. After a long wait. I got word last month that the PDBR had found in my favor 30%. Last week I call the good folks at the Army to see where my file was. i was eagerly awaiting my orders. After a few minutes on the phone I was assured my file was in the final stages and that the Army would support the PDBR's finding. Today, I called and initially was told my transition center was going to be Fort Carson and that I would be getting a 30% medical disability retirement. I was placed on hold and when the good Staff Sergeant came back she simply said my case was denied. YIKES. How does this happen? Okay so I get it, I now have to go to federal court where my chances are a little better than the lottery. My question to all of you is ...can you recommend and attorney and how long does this all take?
PDBR Recommended 30% - Army Denied
- Thread starter Obiwan
- Start date
I'd say 10-24 months once filed, but it depends on multiple factors and levels of appeal if needed......rough figure. What was the basis for the denial? Were you unable to prove 30% at the time of separation?
Do you have copies of the PDBR opinion yet?
Contact Jason Perry, the guy who developed this website. You can PM him on this website.
He is in the State of Conn., but goes all over the States representing SMs and Vets!
Jason did my case justice and I am all the way across the USA.
V/r,
nwlivewire
As of this morning I do not have any of the hard copies. I was notified via telephone. I then got an email with the Army Denial as an attachment. The PEB "bundled" my conditions, the PDBR "unbundled" them, then the Secretary "re-bundled" them. I am not sure what rationale the Secretary used because they agreed with the PDBR in undbundling them. In short I was deployed, became very ill, a virus attacked my intestine which triggered Celiac Sprue, in addition I have had surgery on my knee, plantar fascitis in both feet, a neck/nerve pain in the left arm and finally extreme lower back pain. I am a mess.
I got my PDBR decision I got a packet that had the board proceedings, the unanimous recommendation to re-characterize to 30% and finally the letter accepting the recommendation from the Army. I would request copies of the proceedings, it is possible the board did not recommend unanimously. A dissent opinion can strongly argue not to grant you what.
http://boards.law.af.mil/AF_PDBR.htm
read up on some of the decisions.
It is very hokey. They are supposed to consider conditions not found unfitting by the PDBR but identified. Mostly it appears they are re-classifying conditions.
http://boards.law.af.mil/AF_PDBR.htm
read up on some of the decisions.
It is very hokey. They are supposed to consider conditions not found unfitting by the PDBR but identified. Mostly it appears they are re-classifying conditions.
I have now read almost every decision on line and mine seems to be the exception to all of them. I am still scratching my head and wondering about the decision. For the Army to "bundle" my conditions at the PEB even when they are not related, then the PDBR to "unbundle" them after having the case for almost a year, and then the Army to say "Nope you conditions should of been bundled." It seems the Secretary of the Army (actually a minion in the office)missed the entire point of the PDBR. I could not be more frustrated and still have not goten a a single referral to a lawyer. Please let me know if anyone knows one out there.
You need to PM (private message) Jason, the guy that runs this website. He is an attorney!
I mentioned him in my above posting to you and I recommend Jason without caveat. Period.
V/r,
nwlivewire
wow this is the first time I heard they can deny it up at HRC or DA. I guess it all depends on the conditions. My thing is all these high ranking officers signed off stating your condition is unfitting and went through the whole process and then someone at DA turns around and says denied. I think that is crazy and also insults those doctors, col, generals that said you are unfit to continue in the military and put you on permanent retirement. I didn't read all the post but I hope you got some help to solve this. As a former 1SG, this really gets me as they always say take care of the soldier when really its all about the numbers and the mission. MISSION FIRST, Solder second. Ok I said my piece. Good luck OBIWAN.
I have been associated with government for some 30 years. I am rarely suprised by anything. This process is broken and so much so I am not sure anyone can fix it. The crazy part is after reading all these post I am convinced I am not alone. So in my case, I was deployed and became infected with a virus. After months of treatement and a number of other medical issues my case was presented to a MEB. The MEB found 5 or 6 things that were unfitting, and off to the PEB. The PEB had different findings but still said no more Army. I appealed and the formal PEB rendered yet a different set of findings and once again a different decision. I then appealed to the PDBR and after almost a year yet a completely different set of findings. Then Secretary of the Army. After a couple of weeks, yet another set of finding different from everyone else. WOW. So four boards, and then the Secretary of the Army and no one can agree. How in the world can any soldier have any since of security about what is happening or going to happen? I really am confused about the PDBR I could have saved myself a year of anxiety by not applying. I really dont understand why the Secretary of the Army doesnt just arbitrarily go throught the pending cases and through every third one out. It would make as much sense. At least that way there would be no back log and folks could move on. For me it is still a mess. I will more than likely be filing federal court proceedings but need more advice before going that route. As for me thanks to all the rest of you for fighting the good fight and serving our nation. All the best.
I didn't get involved with the PDBR when I was working, with the exception of knowing applicants could either petition either the PDBR or the BCMR, but not both. I assumed the PDBR's recommendation was binding on the service. The BCMR's decision is binding. I don't get it . . .
you should look into soldier of the council support and if you are at FT LEWIS SFAC has several people that can direction in the right place for support. I am sorry to hear you are going through this mess, you worked hard for your country and deployed. If you have 5-6 unfitting conditions that is more than what most of us have. My Doc only gave 2 unfitting and the rest are retainable.
I remain frustrated but am working through it. As a leader of troops, it would always frustrate me when I could not give guidance to subordinates relative to the outcome of any event. After my experience, if anyone asked what is going to happen to them I would have to tell them honestly there is absolutely no way to know. It should not be this unclear and frankly ambigous. For me the most disturbing part is the fact all the boards came up with different conclusions. I hope better for others.