I was under the impression that the information required to request a PDBR was at 30% or less? I was discharged under a medical with 27% but feel that I should have been given a retirement.
Requirements 20% or 30%
- Thread starter mtrac22
- Start date
Where exactly did it say 27%? When calculating the total rating percentage they utilize raw percentages but once the final percentage is determined they round the number to the nearest "10". In your situation, it would have been a 30%. Were you sent through a medboard or were you seperated some other way?
The Physical Disability Board of Review, or PDBR, was legislated by Congress and implemented by the Department of Defense (DoD) to ensure the accuracy and fairness of combined disability ratings of 20% or less assigned to service members who were discharged between September 11, 2001 and December 31, 2009.
As indicated by GrilledCheezus, numbers are rounded.
I doubt that your final DoD rating was an odd number. I suspect it was 0% or 10% or 20%. A 30% or higher rating would have resulted in a DoD disability retirement.
VA compensation ratings and DoD disability ratings are often not the same percentage.
Ron
I went through a meb board and was given 30% in 2004, 3 separate sets of 10. I was sent a letter stating that the services were under rating a lot of veterans during those years, so I wasn't sure if I qualified to have it reviewed in order to receive a retirement.
Doe the documentation you kept show a rating of 27% or did you use a combined disability calculator to determine 27% which would be rounded to 30%?
Edited to add: If your feel you qualify, you should file with the PDBR.
Ron
Edited to add: If your feel you qualify, you should file with the PDBR.
Ron
Do your discharge orders cite a DoD percentage? I know that DoD disability retirement orders do show the percentage.
I assume that you received DoD disability severance pay since you had a disability rating, but apparently not high enough for retirement. Did you receive severance pay?
Ron
OK...if the DD 214 shows "severance pay" then your DoD disability percentage ended up being either 0% or 10% or 20%.
Ron
I have to leave for an appointment. Recommend you apply to the PDBR if you feel you have a good case.
Some areas of disability are in the same category and do not add to the overall percentage. More later...
Ron
Some areas of disability are in the same category and do not add to the overall percentage. More later...
Ron
Hello,
Re: "Some areas of disability are in the same category and do not add to the overall percentage. More later..."
§4.14 Avoidance of pyramiding.
The evaluation of the same disability under various diagnoses is to be avoided. Disability from injuries to the muscles, nerves, and joints of an extremity may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation. Dyspnea, tachycardia, nervousness, fatigability, etc., may result from many causes; some may be service connected, others, not. Both the use of manifestations not resulting from service-connected disease or injury in establishing the service-connected evaluation and the evaluation of the same manifestation under different diagnoses are to be avoided.
Earlier, I was referring the "pyramiding." The evaluation of the same disability under more than one diagnoses is considered pyramiding. I do not know that pyramiding was dtermined in your case, just pointing out one of the possible influences in your situation.
Can you precisely describe the three difference disabilities you indicated are each rated 30%? That info would be helpful in offering advice, recommendations, or even an explanation.
Opinion: Having a 30% overall (combined) rating but processing your separation as non-retirement and paying disability severance pay is not just a simple error or someone dropping the ball. That would have been a major error.
Ron
Re: "Some areas of disability are in the same category and do not add to the overall percentage. More later..."
§4.14 Avoidance of pyramiding.
The evaluation of the same disability under various diagnoses is to be avoided. Disability from injuries to the muscles, nerves, and joints of an extremity may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation. Dyspnea, tachycardia, nervousness, fatigability, etc., may result from many causes; some may be service connected, others, not. Both the use of manifestations not resulting from service-connected disease or injury in establishing the service-connected evaluation and the evaluation of the same manifestation under different diagnoses are to be avoided.
Earlier, I was referring the "pyramiding." The evaluation of the same disability under more than one diagnoses is considered pyramiding. I do not know that pyramiding was dtermined in your case, just pointing out one of the possible influences in your situation.
Can you precisely describe the three difference disabilities you indicated are each rated 30%? That info would be helpful in offering advice, recommendations, or even an explanation.
Opinion: Having a 30% overall (combined) rating but processing your separation as non-retirement and paying disability severance pay is not just a simple error or someone dropping the ball. That would have been a major error.
Ron
mtrac22
You mentioned, "...back story 30% for degenerative Joint disease given 30% in 2004 after 12ish years."
Comment: It appears that in accordance with diagnostic code 5003, a rating of less than 30% was appropriate.
Degenerative Arthritis (Diagnostic Code 5003)
Degenerative arthritis is rated based on the limitation of range of motion of the affected joint(s). However, if limitation of motion for the involved joint(s) renders a non-compensable rating, a 10 percent rating will be assigned for each major or group of minor joints affected by limitation of motion. These will be combined, not added, to determine the rating for arthritis. Degenerative arthritis will be rated at 10 or 20 percent based upon the number of joints/joint groups affected and the level of incapacitation.
VA requires that limitation of motion be confirmed by observations such as swelling, muscle spasms, or evidence of painful motion. If no limited range of motion exists in joints, veterans will be rated for degenerative arthritis if X-ray evidence exists to support the diagnosis.
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Ron
You mentioned, "...back story 30% for degenerative Joint disease given 30% in 2004 after 12ish years."
Comment: It appears that in accordance with diagnostic code 5003, a rating of less than 30% was appropriate.
Degenerative Arthritis (Diagnostic Code 5003)
Degenerative arthritis is rated based on the limitation of range of motion of the affected joint(s). However, if limitation of motion for the involved joint(s) renders a non-compensable rating, a 10 percent rating will be assigned for each major or group of minor joints affected by limitation of motion. These will be combined, not added, to determine the rating for arthritis. Degenerative arthritis will be rated at 10 or 20 percent based upon the number of joints/joint groups affected and the level of incapacitation.
VA requires that limitation of motion be confirmed by observations such as swelling, muscle spasms, or evidence of painful motion. If no limited range of motion exists in joints, veterans will be rated for degenerative arthritis if X-ray evidence exists to support the diagnosis.
- To be rated at 10% for degenerative arthritis, veterans must have X-ray evidence revealing two or more major joints or two or more groups of minor joints are afflicted by degenerative arthritis.
- To receive a 20% rating for degenerative arthritis, X-ray evidence must show that two or more major joints or two or more groups of minor joints have degenerative arthritis and produce occasional incapacitating episodes.
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Ron