I was separated from the Army in 2009 for unknown chronic low back pain at 20%. During my boards I presented evidence (in the form of a written letter from my surgeon at Walter Reed) that my back pain was not unknown (it was from degenerative disk disease and 2 ruptured disks) and that I was a candidate for surgery (the board had indicated that I was not a candidate for surgery). Despite the evidence that I presented, I was scheduled to separate anyway. I had to contact my Congressman or Senator for their help so that my discharge date could be moved back far enough so that I could still have my surgery and physical rehab before I was kicked to the curb.
After appealing my VA rating that matched the Army, I was rated at 100% overall (in 2015), 50% of which for my back (they broke it into the original 20% for back and then they gave me 15% for each leg because of issues it caused in my legs and with walking).
In late 2013 or early 2014 I was instructed to apply to the PDBR by a DAV rep. I was told that there was a very good chance that my separation would be changed into a retirement by going through their process.
I received a letter from the PDBR stating that they could not help me because my case had already been reviewed by the reviewing authority at the Army in 2011. I know that another DAV representative had sent paperwork to a reviewing Authority in the Army at one time but I do not recall the specifics of the case.
According to the letter, I failed to appeal the Army's Review of my case within a year. I know that there is a statute of limitations for perusing Federal Court Cases (although I'm not entirely sure when the clock starts). I don’t know what options I have left if any.
Yesterday VA found out that I had actually fractured my spine in two places that caused the disks to rupture. I am going under major back surgery in the next 30 day through my stomach and back. I am willing to pay someone for help as long as the case is worthwhile.
Thank you for any advice that the community can give.
After appealing my VA rating that matched the Army, I was rated at 100% overall (in 2015), 50% of which for my back (they broke it into the original 20% for back and then they gave me 15% for each leg because of issues it caused in my legs and with walking).
In late 2013 or early 2014 I was instructed to apply to the PDBR by a DAV rep. I was told that there was a very good chance that my separation would be changed into a retirement by going through their process.
I received a letter from the PDBR stating that they could not help me because my case had already been reviewed by the reviewing authority at the Army in 2011. I know that another DAV representative had sent paperwork to a reviewing Authority in the Army at one time but I do not recall the specifics of the case.
According to the letter, I failed to appeal the Army's Review of my case within a year. I know that there is a statute of limitations for perusing Federal Court Cases (although I'm not entirely sure when the clock starts). I don’t know what options I have left if any.
Yesterday VA found out that I had actually fractured my spine in two places that caused the disks to rupture. I am going under major back surgery in the next 30 day through my stomach and back. I am willing to pay someone for help as long as the case is worthwhile.
Thank you for any advice that the community can give.