Questions about PDBR

[Yoshi]

I have a few questions about my case. I was Med Boarded out in Nov/2009 with 20%. I have a lumbar strain, degenerative disc disease with herniated disc, and lower back pain for which I was discharged for. My claim was immediately filed the next day/same month. Nov/2009. After my discharge I filed a claim, went through the VA process, and they rated my initial claim 20% Nov 10, 2010. I definitely did not agree with this finding. I appealed My Nov/2010 decision in Sept/2011. My new rating is 40% which was rated in 03/2012. That's pretty much the foundation of where I stand today.

I currently have a claim with the PDBR from 04/2012. I contacted them to see where my claim was and they told me it was adjudicated. I didn't have a problem with this. Never even thought about it. Now, that they told me it was adjudicated, I have been thinking constantly about it. DAILY! I am so nervous. I really hope it goes in my favor. It would be the change I need to help me in my life.

My questions are simple, to relieve the tension of just wanting to know, can anyone make heads or tails out of a possible outcome or what it looks like may be happening in my case? I am sure the USMC/USN tried to low balled me at the PEB, I just got out, took the severance, and figured I was better off fighting it out here then I was in there. No appeals.

Then, I think the VA tried to low ball me with my first initial claim at 20%. So, I appealed it. I have a 40% rating for the condition I was discharged with. I think I received from the VA what I should have received from the Service at the PEB. Also, which schedule do they use now? How will the PDBR and Service Secretary view the two claims from the VA? Do they view it as one or two separate entities? One was done within a year of separation and the other was done within a year of my initial appeal with the VA which would be about 2.5 years since separating.

It's the NOT KNOWING PART THAT'S EATING ME A LIVE. Too bad the PDBR people just couldn't say I think you will be pleased with the results or I think things will remain the same. Something to that effect. You know the whole "Magic 8 Ball Answers".

I have noticed a HUGE inconsistencies in ratings for lower back problems and ratings in general at this link here:http://boards.law.af.mil/AF_PDBR_CY2012.htm It appears asthma is automatic 30% and PTSD is an automatic 50% from the PDBR.

I had this under a different section. Just figured I would start a fresh thread.

 

[scottymotech]

Don't make yourself crazy over it. My approach with the PEB/MEB, VA, and PDBR is file, and occasionally followup. Assume you may no get what you expect. A lot of rules with the VASRD and PDBR are open for interpretation.

Times are tough. My employer (thankful I have a job) has cut our health insurance every year. I was hopeful I would be medically retired for the medical insurance. I didn't count on it however.

You have to understand the PDBR can only recommend to your service. It is still up to the service secretary to accept the recommendation. Since you are reading the decisions, you will see sometimes the board was divided with one member either recommending a lesser or greater rating. Ultimately it is up to the service secretary. Around 95% of the time they accept the recommendation. I am stating this because this will explain why the PDBR is not giving any answers. It takes about a year for a decision. Then plan on a few more months for orders and a few more for DFAS.

Your case is probably decided and is now waiting for your service. You will hear back soon. RELAX. Don't write any checks before the money is in the bank, and assume the possibility they may not decide in your favor. Your claim was in 4/2012, they are saying it is taking about a year. I wouldn't hound the PDBR as they are likely going to give you scripted replies once you come up as one of those call them daily types. If you do not hear anything by April, then yes call. Otherwise, RELAX.

 

[Yoshi]

Your approach up until this point has been my approach. It's just a lot is riding on this decision. Lucky for you, you have a job. I have been denied numerous times for my employment. Everything went well. UNTIL WE REACHED THE DD214 part. For example, the post office. The manager asked me why I was discharged from the military. I responded with "If I thought I was un-able to do this job I would not have applied for it." His follow up response, "Well, I need to know something? Is it mental, physical or what? I need to know so I can make an informed decision as to safety in the workshop while you are working and I need to make sure you are not going to come in here and go postal one day". I responded with my first response. Never heard back. That's just ONE example.

Also, since you have a job it's great. My family on the other hand tends to believe I am a lazy piece of shit. I have no support group. If it wasn't for the VA and boards like this I would have no support group. I am in the VR&E Program to retrain myself for a new career. My family just doesn't get it. Sometimes I down right hate them for all the hateful and idiotic stuff they label me as.

Events like the PDBR has the power to literally change the course of one's direction. So, to relax at this moment is kind of hard to do.

 

[Yoshi]

Maybe I wasn't clear enough. My biggest concern here is the timeline of my appeals with the VA. I noticed that the PDBR will only review ratings that was within one year of separation. Here is the link that states this: http://www.health.mil/Content//docs/COMPARISON.pdf However, I did not agree with my initial VA Rating so I appealed the first one which fell into that one year mark. The second rating from the VA came about 2 years or so after my initial discharge. Will they review both ratings by the VA or just the one that falls within the one year time frame? On my paperwork I put ALL DECISIONS BE REVIEWED. In legality terms does the 2nd rating, which I believe is the fair one, from the VA have any meaning to the PDBR and Secretary Service to justify retirement or not? In other words, I am basing my retirement off of the 2nd VA decision letter-The fair one. Apologies for the confusion.