Physical Disability Board of Review Update

Help, many questions

I recently found the article about the PDBR and it got me to thinking. I was discharged in Sep 2007 with 10% due to upper back ruptured disk. I was Active Duty AF with 15y 6m and 10days. I did get the two years of severance. My MEB started 18months before I was discharged, I had moved my dependants back to the states after my Med Staff told me at the original meeting that I would be out in 90 days. Anyway by the time the IPEB came back with 10% I was ready to get out. In addition to the back I was listed for Sleep apnea (Severe with CPAP) which they did not rate.

DO I have any chance with the new PDBR or Im I still out of luck?
 
Just thought I'd check and see if anyone who's in the queue has heard anything else yet? We're docket # 79 and have had the original letter of receipt, the letter that they were "collecting all the records", and that's all. Thanks, all, for the continued posting of information. We'll update when we hear anything!
 
seminole72,

You will always get all your VA. You may get more via DoD retirement if any of your conditions rated by the VA are combat related (CRSC) or if concurrent receipt (CRDP) is expanded to chap 61's under 20. President Obama has expanded CRDP to Chap 61's under 20 in his new budget request. Time will tell if it will be approved by Congress.

If the PDBR increases the rating to 30% or more, you will be a retiree with all the rights and benefits of a military retiree to include tricare for life for you and your qualified family members.

You cannot end up worse by filing with the PDBR.

Mike
 
Otis,

What rating did the VA give your back condition? What is your total VA rating and for what conditions?

Mike
 
I have not yet applied for a VA rating. (I sort of walked away from the military and haven't looked back)
 
robs42 said:
otis,
file, file and file again. you don't even have to do it yourself. you can assist the help of a VSO (vetreans service officer) from any of the veterans agencies.
Click to expand...

Do I just call up the local VFW or Amercian Legion Post to find the VSO? Also my county has a VSO, which should I use?

Thanks
Jeff
 
Jeff,

Personally, I haven't dealt with any VSOs so far. I would advise calling all of them and treating the phone call like a job interview (without them knowing this, of course). These individuals are for all intents and purposes working for you. Approach your dealings with them as such, while I'm sure they are all honorable and responsible individuals I would seek out the one that best suits your needs, I would also ascertain which one you could possibly build a good relationship with. Just my thoughts.
 
Thanks for the info about the VSO.

I am still a little confused about the new review process. Can I have the review board concider the Sleep Apnea, since this was the reason for the MEB in the first place? The MEB did not rate the sleep apnea which by the VASRD says should be 50%. I was only rated the 10% for the upper back problems, and I don't really see how I can get that increased. The way the VASRD rates back problems I would pretty much have to be bed-ridden and totally dependant on others to get to the 30% level. I thought I read somewhere that the review board would not reconsider the diagnosis that the MEB did not rate. Hope this all makes since...

The facts
15year 6 months all AD
Back Problems 10% Service connected
Sleep Apnea Not Rated
Separated with Severence in Sep 2007.
Not yet VA rated. (but working on it)

Thanks for the info, I know I am trying to play catch up here.

Jeff
 
I have two cases filed before the PDBR and like most here, have only received the confirmation of receipt letter. I would not be surprised if they held off of processing cases while they were figuring out what rules they would use to decide the case. The announcement two weeks ago that they are now going to consider all conditions strikes me as something that indicates they are still working out their policies and procedures and may be the reason for the delay. I have not heard of a single decision as of yet.

If anyone gets a decision and feels like sharing that fact, it would help others get a sense of how the caseload and timelines are progressing.
 
has anyone heard from the dod-pdbr board as yet? my dockett #is between 1 and 8, and i have not heard a peep as yet, it seem like a awful long time to start correcting the ratings,the first 100 applicants should have heard something by now, but as i said before what ever the dept of defense does, it will not surprise me anymore
 
I submitted my application in April and have docket #267. I just got a phone call from the board yesterday. The guy working my case could not find my PEB paperwork from my original board in June 2002. He asked if I would fax a copy. I faxed it 2 days ago and asked him to confirm receipt. So far no confirmation, but he probably has a lot on his plate. He said "I want to get this moving for you" and sounded sincere. That being said, I have complete and utter faith in the DOD's capability to do whatever it wants, rules, regulations, laws, title 10 USC, and "the sense of congress" be dammed. I will be shocked if they upgrade very many discharges. More then likely, they will upgrade a few discharges for show, and then find another loop hole to screw the majority of us. :rolleyes: OH, and just for the record, If I could, I would pin a medal on LTC Parker just for holding their feet to the fire the way he has. No matter what happens I think we all owe him a debt of gratitude.
 
Applied in January...have docket #5. Received 2 letters back so far, one on February 18 saying they received my information...the second on March 13 stating that my application was being forwarded to the Joint Central Adjudication Unit(JCAU). Still awaiting word back from the JCAU. Will keep all aprised of the situation. If you want to contact the PDBR office directly by phone, their number is (210) 565-3256. I recommend, if you haven't already, contacting your congressman(woman) and have them send a letter on your behalf. I have been in contact with mine and it seems to have helped. Does anyone know if the PDBR is going to evaluate all conditions rated by the VA or just the service connected conditions via the PEB...

My facts...
4 years actived duty
rated 20% via PEB for disc degenerative disorder in April 2008
rated 80% overall by VA (disc degenerative disorder, sleep apnea w/cpap, back scar and tinnitus)in July 2008
 
TBObie,

Thanks for the update. With your low docket number, it is very helpful to get an idea of when cases will start moving.

Why do you think the Congressional helped? Is there anything that has happened differently? I ask because, while I think that Congressional inquiries are a tool that has their place, it can also slow things (by virtue of having the case pulled and looked at by the person responding to the inquiry and taking out of the "stream" of normal processing) and I have seen it adversely impact cases, too.
 
TBObie said:
Does anyone know if the PDBR is going to evaluate all conditions rated by the VA or just the service connected conditions via the PEB...
Click to expand...

Originally, they were only going to review conditions rated by the PEB. In Senate testimony last month, the General in charge of the PDBR stated that they would address all conditions. What this means, to me, is that you have to claim the condition AND show it was unfitting at the time of the original PEB adjudication. However, evidence of your disability near in time after the PEB can show that you were unfit at the time of the PEB.
 
Jason,

Thank you for your responses. In response to your question, I believe that having someone with political clout is not a detriment. It makes sure that people in the positition of making decisions at the PDBR level take the care, address and research necessary to make an appropriate decision on each case. I read the testimony from April 29th that you were speaking of and I still think the process is a little ambiguous. I am wondering when a new SOP is going to be promulgated.

Travis
 
Hello all,

I am in the process of filling out the DD-294, and I noticed it said there was an attached VA form 3288. I don't see this form attached anywhere. Does consenting on block 6 of the DD-294 substitute for the 3288? If not, then where is this document, and how do I fill it out if not? Thank You for this website and subsequent help.

Mac
 
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