PDBR updates
- Thread starter commosgt
- Start date
Justrluk, I checked on my case this week and still there is no word. From reading previous post's you filed this year correct?? That is strange as I filed last year 10/2010, intake unit received DOD and VA documents 11/2010, then sent to the board 12/2010. My case file is PD-2010-01184. I was discharged in 2003 with 10% but the VA rated me 70% six months after discharge, 2 years later 80%, then in 2009 I received a 90% rating. Currently, I have several issues that are at the VA waiting on C&P examination. Pretty sure I will recieve 100%!!! I wonder how they the board is doing this either my case number or first come first serve...Don't know!!! Just waiting and hoping!!!
I hear you, commo. I don't know if my case going as well as it has is a good thing or not. My case number is PD-2011-00079. I really did bug the crap out of the VA and had to do a FOIA request to get my docs sent to the board, but the staff at the intake unit really helped me understand what they had and what was missing. Since my package is in draft form, I don't know if that means another several months or a few days. We'll see.... I also sent a package to the BCMR requesting that an item rated higher at the time by the VA be added to my discharge. I dont' know what the chances are, but had no idea I could do this until working with the intake unit on the other case. Makes my head spin sometimes.
Hello all,
I am a Veteran of the US Army. I served from 1998 - 2006 and was discharged medically. I was given severance and a 20% disability for L knee degenerative arthritis and instability. I applied to the PDBR last October and received paperwork today. Unfortunately, the paperwork states that though the Army discharged me with at least one erroneous medical code, the board did not find it fit to change my separation character or combined rating, thus resulting in no change to my status. My question is, what can I do?? I definitely do not agree with the findings and would like some advice as to what I can/should do next. Thanks all.
Mario M.
I am a Veteran of the US Army. I served from 1998 - 2006 and was discharged medically. I was given severance and a 20% disability for L knee degenerative arthritis and instability. I applied to the PDBR last October and received paperwork today. Unfortunately, the paperwork states that though the Army discharged me with at least one erroneous medical code, the board did not find it fit to change my separation character or combined rating, thus resulting in no change to my status. My question is, what can I do?? I definitely do not agree with the findings and would like some advice as to what I can/should do next. Thanks all.
Mario M.
Yes, the L knee arthritis (and I believe moderate instability) was/were the only disability that I requested to have reviewed by the PDBR. Initially, about one month after discharge, I was given a 30% disability rating by the VA. In 2009, I had a third knee surgery and the VA bumped my rating up to 60%. My case number was 2010-00968. From initial application to the PDBR to completion at the Army Review Boards Agency, it took 13 months. I'm really just at a crossroads as to whether or not I should pursue this "in a court of appropriate jurisdiction." - as the letter states. I mean, will it really be worth my time and money? Or am I just wasting my time?
Was the 30% VA rating for the same condition the PEB found unfitting? A PDBR outcome is not further reviewable by the military. One option would be to take the matter to federal court and you have 6 years from discharge to do this so keep an eye on the clock. Can you demonstrate that yoiur unfitting condition should have been rated at 30% plus at the time of discharge? Can you demonstrate that other conditions should have been found unfitting as well bringing your total military rating to 30% plus?
Mike
Mike
Another thought: you can request that any items NOT on your request to be reviewed by the PDBR be ADDED to your medical discharge/unfit conditions by the BCMR. I'm not a physician, but usually, if one knee is bad, it will impact the other. Also, if there was anything else in your records the VA found that the PEB did not review, you can request to have them added. In an email I received, I was told that should any of those conditions drive the % up from that found at discharge, it should drive the same sort of review accomplished by the PDBR. Again, I'lll see if the advice was good or not. Don't know how long it will take, though. Lastly, my understanding was that there was no recourse for the PDBR decision; the decisions made were final. You could still see if a lawyer would be willing to take your case before a judge. At that point, if a decision is made to overturn that of the PDBR, you'd be setting precedence.
-- EDIT: I received my package BACK from the BCMR. Seems you can't have an active case with the PDBR and BCMR simultaneously. They suggested I wait until I get my decision, then make specific requests that the items for which I was discharged be reconsidered as disabling at the time of the PEB. We'll see how this goes. Still no word on my PDBR case as of today.
-- EDIT: I received my package BACK from the BCMR. Seems you can't have an active case with the PDBR and BCMR simultaneously. They suggested I wait until I get my decision, then make specific requests that the items for which I was discharged be reconsidered as disabling at the time of the PEB. We'll see how this goes. Still no word on my PDBR case as of today.
Mike,
The 30% VA rating was indeed for the same condition, L Knee arthritis and instability. I'm not sure that I can demonstrate that my condition should have been rated at or above 30% when I was discharged. Back in 2006, I may have been able to, or perhaps claimed some other things that would have added up to 30%. All of my service-connected conditions that I have rated by the VA, including the knee are:
Scars, Post Arthroscopic Repair Left Knee, Post Surgery Right Wrist - 20%
Degenerative Joint Disease, Left Knee - 10%
Status Post Fracture, Right Wrist with Degt. Joint Disease - 10%
Tinnitus - 10%
Residuals, Traumatic Brain Injury - 10%
Anxiety Disorder - 10%
Instability, Left Knee - 10%
Pes Planus, Left Foot - 0%
Pes Planus, Right Foot - 0%
Dermatofibroma, Right Shoulder - 0% (Which is garbage, it should state Peripheral Neuropathy)
With that, I'm not sure any of those conditions have enough of an impact, collectively or individually, to stand up in federal court.
Justrluk,
Thank you for the advice. As you can see above, there are several conditions that i'm rated for, but none severe enough that can stand up in court. If I receive some other information that I can use to strengthen my case, then pursuit will be made. But as you said, precedence will be set if this decision is reversed.
Mario M.
The 30% VA rating was indeed for the same condition, L Knee arthritis and instability. I'm not sure that I can demonstrate that my condition should have been rated at or above 30% when I was discharged. Back in 2006, I may have been able to, or perhaps claimed some other things that would have added up to 30%. All of my service-connected conditions that I have rated by the VA, including the knee are:
Scars, Post Arthroscopic Repair Left Knee, Post Surgery Right Wrist - 20%
Degenerative Joint Disease, Left Knee - 10%
Status Post Fracture, Right Wrist with Degt. Joint Disease - 10%
Tinnitus - 10%
Residuals, Traumatic Brain Injury - 10%
Anxiety Disorder - 10%
Instability, Left Knee - 10%
Pes Planus, Left Foot - 0%
Pes Planus, Right Foot - 0%
Dermatofibroma, Right Shoulder - 0% (Which is garbage, it should state Peripheral Neuropathy)
With that, I'm not sure any of those conditions have enough of an impact, collectively or individually, to stand up in federal court.
Justrluk,
Thank you for the advice. As you can see above, there are several conditions that i'm rated for, but none severe enough that can stand up in court. If I receive some other information that I can use to strengthen my case, then pursuit will be made. But as you said, precedence will be set if this decision is reversed.
Mario M.
Well, I called in to the PDBR intake unit which low and be hold was movement in my case. I emailed the board to verify and received a reply on Tuesday morning that my case will be adjudicated very soon and sent to the Army for approval. Someone posted that on the 28th of each month there is a database update well I am having the feeling that maybe a true fact after asking around that maybe the case. So we will see as next month will be a year since my packet was sent to the board. I am hopeful for my case but also knowing that it may not happen but there is always having faith that keeps me going. I hope everyone keeps the faith and either way of the decision finds peace! For those that have the oppurtunity to take this to court ( I don't due to waiting to long) DO IT or find a way somehow! Keep fighting!!! I hope everyone has a Merry Christmas and Happy New Year! I will update when I hear more!
Commosgt
Commosgt
EIB CIB,
My time line is:
10/2010 submitted to the Intake Unit at Randolph AFB
11/2010 Intake unit requested FOIA from DOD and VA
12/2010 Intake unit received all records in 30 days and sent to the Board
From my understanding from the email that I received from the board at Andrews AFB is that my case will be adjudicated soon and sent to the Army that was 11/29/2011!
Hope this helps. I suggest it takes about a year to 15 months from the information I have seen.
My time line is:
10/2010 submitted to the Intake Unit at Randolph AFB
11/2010 Intake unit requested FOIA from DOD and VA
12/2010 Intake unit received all records in 30 days and sent to the Board
From my understanding from the email that I received from the board at Andrews AFB is that my case will be adjudicated soon and sent to the Army that was 11/29/2011!
Hope this helps. I suggest it takes about a year to 15 months from the information I have seen.
EIB CIB:
That's from the date of application. Like I said in my timeline post (link below), I don't know if that's a good thing or bad thing. I get suspicious when the AF moves fast on anything. Case number is: PD-2011-00079. If they work it the way the VA does, (or at least I've been told), they work it in order of case number of the completed packages? I can't seem to find any other logic for those completed or those still pending. I'm sure the complexity of a case has a great deal to do with it as well (depending on how much medical data received, complexity of conditions, etc.) JMHO
http://www.pebforum.com/f67/pdbr-updates-28239/index3.html#post61980
Commo: I got a response from an email that sounded very direct. Probably a canned statement, but a portion of it read:
"If approved, your record will be returned to our office for processing. If approved, you may contact my supervisor, William Anderson for any future progress reports. If your appeal was not approved, you may follow up with the AFBCMR. Please note; we do not receive any information or paperwork regarding the status of your recommendation/decision until a final determination has been made. "
It would be great to get this for a Birthday (next week) or Christmas gift (I can dream, can't I????)
That's from the date of application. Like I said in my timeline post (link below), I don't know if that's a good thing or bad thing. I get suspicious when the AF moves fast on anything. Case number is: PD-2011-00079. If they work it the way the VA does, (or at least I've been told), they work it in order of case number of the completed packages? I can't seem to find any other logic for those completed or those still pending. I'm sure the complexity of a case has a great deal to do with it as well (depending on how much medical data received, complexity of conditions, etc.) JMHO
http://www.pebforum.com/f67/pdbr-updates-28239/index3.html#post61980
Commo: I got a response from an email that sounded very direct. Probably a canned statement, but a portion of it read:
"If approved, your record will be returned to our office for processing. If approved, you may contact my supervisor, William Anderson for any future progress reports. If your appeal was not approved, you may follow up with the AFBCMR. Please note; we do not receive any information or paperwork regarding the status of your recommendation/decision until a final determination has been made. "
It would be great to get this for a Birthday (next week) or Christmas gift (I can dream, can't I????)
Justrluk, the email that you received was from the intake unit not the board. If you look at some of my post's you will see the email address for the Board to check in about your case! I believe the email address is PDBRPA@AFNCR.AF.MIL , my brain is fried at the moment after programming servers all day!
I chatted with the intake unit this morning thinking that between the 12 and 28 usually something is done about the cases. The lady I spoke with was new to me as my case manager was not there at the time. She put me on hold which never happens and she stated that my case is currently being boarded and it take a few months to get my final determination from branch (U.S. Army). She also stated they won't be able to tell me what the board determined! So my question is has anyone submitted an FOIA to the intake unit before you found out from Branch what the conclusion and or results were? If you did what did you do, how did you write that FOIA, and how long did it take??? I asked if they could fax me the board determination letter and she stated NO! So that is a little frustrating for me to hear but if that is the way things go, then I will go with it! But again, I would like all the information that was sent to Branch! Am I allowed to have it?
Jason Perry
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It's a tricky question- you are allowed a copy of documents pertaining to you, but not necessarily internal documents used in a deliberative or investigative process (this is not a verbatim statement of the law, just a simplified explanation).
However, if you do submit a FOIA, I tend to think that they will say no- and then you are faced with going to District Court to try to enforce your rights. I am not sure how that would resolve, so you could be looking at a big expense to try to fight something out, which may or may not work in your favor AND it is unclear if you might get the results in the meantime anyway.
My instinct would be to not file a FOIA. It is frustrating, yes, and takes too long. But, I am doubtful you would get the results you want, AND, until a final decision is made, it really doesn't matter because the Service Secretary designee could change the results. I also think, though am not sure, you could inadvertently hinder your case. Maybe there is retribution or the like because of a FOIA. Now, in some cases, you have to take action and the risk of retribution is small and there are avenues to address it. It is a cost-benefit analysis. In this case, I think that the benefit is too low and the cost to high to recommend you go down that road. Still, the decision is up to you (by the way, as a general matter, the Department of Justice and several government agencies have good guidebooks on FOIA and Privacy Act requests- actually since the records are yours, I would think you really mean a Privacy Act request anyway. You can find these on google pretty readily).
However, if you do submit a FOIA, I tend to think that they will say no- and then you are faced with going to District Court to try to enforce your rights. I am not sure how that would resolve, so you could be looking at a big expense to try to fight something out, which may or may not work in your favor AND it is unclear if you might get the results in the meantime anyway.
My instinct would be to not file a FOIA. It is frustrating, yes, and takes too long. But, I am doubtful you would get the results you want, AND, until a final decision is made, it really doesn't matter because the Service Secretary designee could change the results. I also think, though am not sure, you could inadvertently hinder your case. Maybe there is retribution or the like because of a FOIA. Now, in some cases, you have to take action and the risk of retribution is small and there are avenues to address it. It is a cost-benefit analysis. In this case, I think that the benefit is too low and the cost to high to recommend you go down that road. Still, the decision is up to you (by the way, as a general matter, the Department of Justice and several government agencies have good guidebooks on FOIA and Privacy Act requests- actually since the records are yours, I would think you really mean a Privacy Act request anyway. You can find these on google pretty readily).
Jason,
Thank you for your wisdom. I agree that I wouldn't get anywhere with this but I wanted to ask and see if anyone had done this before. I will just play it cool and roll with it till I receive the results. My knowledge on this subject is vague at most and I am not sure what I can or can't ask for! Again, thank you! How is the wife and baby doing? Hope all is well!
Thank you for your wisdom. I agree that I wouldn't get anywhere with this but I wanted to ask and see if anyone had done this before. I will just play it cool and roll with it till I receive the results. My knowledge on this subject is vague at most and I am not sure what I can or can't ask for! Again, thank you! How is the wife and baby doing? Hope all is well!