So far no, its 3 for 3 on this forum that I have heard denied. If you would like to help, write to your congressman, or senate representative. Thanks Trish!
Physical Disability Board of Review Update
- Thread starter Jason Perry
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So far no, its 3 for 3 on this forum that I have heard denied. If you would like to help, write to your congressman, or senate representative. Thanks Trish!
Big Will,
I was discharged at 10% asthma. I use an inhaler and Asthamex daily since being discharged. I was diagnosed with severe persistent asthma. DOD reg states that daily use of Asthamex and inhaler as needed should be 30% retirement. Originally PEB low balled me with 10%. VA rated me using my military records at 30%. I also was rated at 30% for migraines by the VA from a head injury active duty. My original PEB board did not rate at time of original PEB. Do you think that I will receive 30% retirement? Also do you think the PEB will include my migraines? I am doc in the 100's the PDBR still has not received my VA records. They apparently requested them 3 plus times. However, I do have a pending comp claim. I do not feel this should hold things up. I was discharged early 2002. Let me know your opinion on what will happen. I would appreciate the feedback.
I was discharged at 10% asthma. I use an inhaler and Asthamex daily since being discharged. I was diagnosed with severe persistent asthma. DOD reg states that daily use of Asthamex and inhaler as needed should be 30% retirement. Originally PEB low balled me with 10%. VA rated me using my military records at 30%. I also was rated at 30% for migraines by the VA from a head injury active duty. My original PEB board did not rate at time of original PEB. Do you think that I will receive 30% retirement? Also do you think the PEB will include my migraines? I am doc in the 100's the PDBR still has not received my VA records. They apparently requested them 3 plus times. However, I do have a pending comp claim. I do not feel this should hold things up. I was discharged early 2002. Let me know your opinion on what will happen. I would appreciate the feedback.
Dear Friends,
1. I am sorry to hear of your negative experiences with the new board and suspect that there will be many similar stories in the days to come.
2. There will be a learning curve for board members and may also be some individuals who view themselves as gatekeepers. Either way, I still see it as being in the beta test mode as it is a relatively new entity.
3. While the various BCMRs and the BCNR are trying to push as many cases as possible over to the new board, I think that Air Force and Navy/Marine Corps members should think twice about taking such action.
4. This is because, over the past twenty years, I have found the USAF BCMR and the Navy BCNR to be the most liberal on retroactive retirement issues for persons whose cases fall within the three-year limitations period.
5. Conversely, the Army and the Coast Guard Boards are far less generous.
6. Then again, Jason rasies a good point in that many members of this community have been forced due to financial pressures to file pro se and are representing themselves.
7. Thus, you goal should be to ensure that your petition is as thorough as possible- ie. so that "if A equals B and B equals C, then A must equal C"
8. Keep us posted re any new results, as it will be vital for the community as a whole to learn of procedural and substantive issues as they develop.
v/r
Jack Gately
1. I am sorry to hear of your negative experiences with the new board and suspect that there will be many similar stories in the days to come.
2. There will be a learning curve for board members and may also be some individuals who view themselves as gatekeepers. Either way, I still see it as being in the beta test mode as it is a relatively new entity.
3. While the various BCMRs and the BCNR are trying to push as many cases as possible over to the new board, I think that Air Force and Navy/Marine Corps members should think twice about taking such action.
4. This is because, over the past twenty years, I have found the USAF BCMR and the Navy BCNR to be the most liberal on retroactive retirement issues for persons whose cases fall within the three-year limitations period.
5. Conversely, the Army and the Coast Guard Boards are far less generous.
6. Then again, Jason rasies a good point in that many members of this community have been forced due to financial pressures to file pro se and are representing themselves.
7. Thus, you goal should be to ensure that your petition is as thorough as possible- ie. so that "if A equals B and B equals C, then A must equal C"
8. Keep us posted re any new results, as it will be vital for the community as a whole to learn of procedural and substantive issues as they develop.
v/r
Jack Gately
Hey Mike,
I really can't answer that question for you, I thought my case was air tight due to reviewing policy and requesting all that was needed initially. That it had a chance on going much higher then only a 10% increase! But they are low balling troops left and right, I wish you luck brother, I hope you get your retirement. Promise me though if you do, keep fighting with us..
Hey Jack, very good points sir, I will definitely keep you and the rest of the community posted.
I will def keep fighting for everyone, regardless. I am really sorry to hear about your case. PDBR doesnt even have my va records WOW. I spoke with Josh a week ago from PDBR, he had told me that the PDBR has approved applications awaiting retirement. I think that I have a great shot considering the facts, asthamex(advair) daily and inhaler as needed. The air force screwed me from the beginning. At the time I didnt know what to do. Say if I do receive 30% retirement, will I have to continue to pay my severance back? Will the retro for retirement be deducted from what the VA comp has given me over the years? How does that work?
Hey Guys,
If its alright with Jay and Mike to post on this forum..
Im compiling a list of cases and their statuses, could everyone send me their case number and first name, were you are from, also if you were denied or accepted, and the percentages that were given and initially had. Im keeping this for my records so when we progress further I have more cases to refer to for support from media, groups, etc. that want to help fight this. For example, mine is:
Jonathan / Gettysburg, PA
Case # 19
10% Muscle Spasms to 20% Degenerative Disk Disease
Complete - Denied Retirement
If you want to email me my personal email is jwilliams61735@yahoo.com. I hope this is alright with you Jason and Mike, I just want to organize and figure out who is so far got the shaft.
Big Will
If its alright with Jay and Mike to post on this forum..
Im compiling a list of cases and their statuses, could everyone send me their case number and first name, were you are from, also if you were denied or accepted, and the percentages that were given and initially had. Im keeping this for my records so when we progress further I have more cases to refer to for support from media, groups, etc. that want to help fight this. For example, mine is:
Jonathan / Gettysburg, PA
Case # 19
10% Muscle Spasms to 20% Degenerative Disk Disease
Complete - Denied Retirement
If you want to email me my personal email is jwilliams61735@yahoo.com. I hope this is alright with you Jason and Mike, I just want to organize and figure out who is so far got the shaft.
Big Will
Nope, your severance will be factored into your retroactive and it will disappear due to Concurrent Receipt I believe, don't quote me on that. But if you recieve your retirement, you will be hopefully retroed the pay since your PEB determination. Then given all the benefits and amenities that come with retirement. Good luck Mike, I'll be praying for you.
Yeah because you would be characterized as Chapter 61 Retired.
Concurrent Retirement and Disability Pay (CRDP) Overview - Military Benefits - Military.com
Im sorry, I think your right, only Combat Related Special Compensation is for Chapter 61's with less then 20.
Yeah, that should be, you were in a combat environment, were you collecting hazardous duty or hostile fire/imminent danger pay?
If it happened after your service there, there could be a correlation. Meaning combat related. But then again, thats for us to know and the DOD or VA to low-ball.
Yes I was diagnosed after being there. I see that concurrent receipt will be phased in until 2014 for everyone with retirement and va comp. from 100% to 10%. Do you know where I could find the Air Force of DOD schedule for ratings on Asthma?
Jason or Mike,
I just thought of something, within my time at McGuire for my MEB, I was on bed rest a few times, and on waivers for a good several months of the last year in. Can that be "incapacitating episodes?" Here is the VASRD on incapacitating episodes:
Note(1): For purposes of evaluations under diagnostic code 5243, an incapacitating episode is a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician.
Would they consider lifting waivers and bed rest records evidence of incapacitation?
Also, I just looked over my military MEB Doctor's Brief from my military physician sent with all the other paperwork i.e. AF 356, letter of support, and letter from commander. In the physicians brief, there was an abbreviation PMH which had, back pain, depression with anxiety disorder, and stomach issues...the MEB never rejected the 356 after reading that?!?!? This is frustrating because I have all of this in front of me and my case is out there, I dont know where, getting swept under the rug again!!
I have all this evidence and it pisses me off they had it too.
I just thought of something, within my time at McGuire for my MEB, I was on bed rest a few times, and on waivers for a good several months of the last year in. Can that be "incapacitating episodes?" Here is the VASRD on incapacitating episodes:
Note(1): For purposes of evaluations under diagnostic code 5243, an incapacitating episode is a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician.
Would they consider lifting waivers and bed rest records evidence of incapacitation?
Also, I just looked over my military MEB Doctor's Brief from my military physician sent with all the other paperwork i.e. AF 356, letter of support, and letter from commander. In the physicians brief, there was an abbreviation PMH which had, back pain, depression with anxiety disorder, and stomach issues...the MEB never rejected the 356 after reading that?!?!? This is frustrating because I have all of this in front of me and my case is out there, I dont know where, getting swept under the rug again!!
I have all this evidence and it pisses me off they had it too.
Jason Perry
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MikeQ,
Read this thread and the attachment. http://www.pebforum.com/physical-di...11444-apda-guide-combat-related-findings.html
It will explain combat-related better. For non-recoupment of severance pay by the VA, being injured in a combat-zone will count. But, for the purposes of what you are asking about (CRSC), it sounds from the facts you gave that it would not be combat-related.
Jason Perry
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Seems like a strong argument that you should have been rated for incapacitating episodes. Only thing I would want to explore is if this is still an ongoing issues (i.e., that the argument would help you today). Also, did the VA look at that issue?
Bottom line, if it is helpful, then you should argue it.