Received PDBR Letter

Discussion in 'Physical Disability Board of Review' started by ultrapc1969, Feb 16, 2017.

  1. ultrapc1969

    ultrapc1969 Registered Member

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    I have been out since Oct 2005 and was given 10% for my DDD Lumbar back and not even rated for the radiopath down my left side as well as nothing for my operational botched left shoulder (ulner nerve damage with constant pain and abduction of ring and pinkey finger) was give a 0 rating. During the PEB ]I had to even fight to get them to understand that I was left handed on the PEB they stated I was right handed. I even had to fight with the VA and provide proof with my initial enlistment contract stating left handed. I understand the program has been around since 2009 and I am just now hearing about it and getting a certified letter. I sent packet back on 14 Feb 2017 lets see how long it takes. Not sure if anything will come of it. Someone tell me how does this work.

    The VA gave me a rating in 2006 (Nov 2005 VA appts)
    VA PEB
    Dysthymic Disorder 50% Not even considered by PEB
    Degenerative DDD Lumbar 40% 10%
    Left Shoulder Acrominoplasty 40% Never even considered by PEB
    Lumbar radiopathy, left lower 10% Never even considered by PEB
    brachial plexpathy, left upper extremity 10% Never even considered by PEB
    (a 0% rating for left shoulder)
     
  2. Keebs

    Keebs Staff Member PEB Forum Veteran

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    Hello and welcome to the board! Read as many threads as you can as most of the questions you will have others have already provided really useful information! So make yourself at home and take a look around about how the process has been for other veterans!

    So the PDBR will get records from places you signed a release for as well as your military medical records. They will review everything and make a recommendation based on what information they have. They then send that recommendation to your branch of service for them to either approve or deny. You will then receive notification. It is a very long process, taking 2 years or more on average right now.

    The recommendations are either that no the military didn't make a mistake so don't change anything. Or they can decide that yes they did make a mistake and provide a new rating. The rating may or may not result in retirement though, you still have to meet the 30% threshold.

    I hope this helps!!
     
  3. ultrapc1969

    ultrapc1969 Registered Member

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    In my book 2 years is not that long..I just never understood the whole medical process and getting this in the mail just threw me for a loop. I tried to fight it on AD but it fell on death ears and the only thing on their mind was getting folks out as fast as possible back then. The question I have is what you get your are medically RET you get the 30 medical ret and you get to keep your VA benefits as well.
     
  4. ultrapc1969

    ultrapc1969 Registered Member

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    In my book 2 years is not that long..I just never understood the whole medical process and getting this in the mail just threw me for a loop. I tried to fight it on AD but it fell on death ears and the only thing on their mind was getting folks out as fast as possible back then. The question I have is what you get your are medically RET you get the 30 medical ret and you get to keep your VA benefits as well.
     
  5. Keebs

    Keebs Staff Member PEB Forum Veteran

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    So with retirement pay comes a whole set of rules and then exceptions for those rules.

    The broad rule is that if your VA Compensation is higher than your retirement pay then you only get the VA pay. If your retirement pay is higher than your VA pay you will receive the retirement pay. Which ever scenario is most beneficial for you is the compensation you will receive. Now there are CRDP and CRSC pay that you could be eligible for and you can read about those requirements on DFAS website.

    The board was formed because the military got caught under rating people and disabilities and ignoring some conditions all together and even intentionally using the wrong diagnosis to rate them. So this board is an attempt to right those wrongs.
     
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  6. ultrapc1969

    ultrapc1969 Registered Member

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    Thanks great info will look it up
     
  7. ultrapc1969

    ultrapc1969 Registered Member

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    Time Line
    Got letter on 14 Feb 2017 sent back on 16 Feb 2017
    Got Letter stating intake received letter and has been scanned in on 27 March 2017
     
  8. jdelatorre

    jdelatorre Registered Member

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    you got a letter saying they already received and scanned in by March 27th? I sent mine in about the same time, haven't heard anything yet. Interesting.
     
  9. ultrapc1969

    ultrapc1969 Registered Member

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    jdelatorre we are all in the same bag and taking the same psychological beating not sure the branch you served but one thing we all know for sure you know how the hurry up and wait system in DOD works. We served as brothers in Arms and we will support each other through this process with helpful information and as I always say no news is good news and with that said Good Luck.
     
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  10. jdelatorre

    jdelatorre Registered Member

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    Amen Brother... Army Infantry....
     
  11. ultrapc1969

    ultrapc1969 Registered Member

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    The only thing that I don't understand if this has been around since 2009 why are some of just now getting notification there was nothing in the news that I know off and when I got the letter it was the first I had even heard of it. Looking at some of these post some people have been out more than 10 years plus. With that said it is what it is can't worry about something you have no control over.
     
  12. TOT31

    TOT31 PEB Forum Veteran Registered Member

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    The VA sent out notification in 2013 to 70,000 plus. If you weren't in the VA system or had a wrong address listed, you probably missed notification. The PDBR had a rough start and we're low balling people just as the services had but they were put to task when it was found out how they were conducting the boards and it was corrected. Long story short, where Congress directed the PDBR to use the VASRD that was in effect at the time of the service members discharge to adjudicate the PDBR review, they tended to only use the VASRD as a weak guide line or continued to side with the services who blatantly disregarded the VASRD and only used illegally written service regulations to continue to low ball veterans. It may be a blessing that you waited for the board to go through the evolution cycle and correct itself as there is no appeal and the only redress will be federal court.
     
  13. Paradox45

    Paradox45 Registered Member

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    When did the Congressional correction occur and why is this forum the only place that still discusses the PDBR. It seems like all the news reports are at least 2 years old.

    A while back, I sent an email, as I'm sure many of you have, berating them about their terrible communication plan. Their website says to email them with questions and when you do, no one knows anything, your packet is in a multiphase process to move from one corner of my desk to the other, we're annoyed that you dared to ask the status, please don't bug us for four months, and when we're done we'll send it to the darkest reaches of the galaxy to one day confirm that dark matter is actually composed of review board packets from the armed services. Well at least our injuries are holding the universe together through their combined gravitational pull, that's something, I suppose.
     
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  14. ultrapc1969

    ultrapc1969 Registered Member

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    Thanks good info we shall see
     
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  15. TOT31

    TOT31 PEB Forum Veteran Registered Member

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    You have to do some digging back to when this forum first started and read about the issues that the original members were writing about the PDBR. I believe Congress got involved with the PDBR again in 2010 or so. There are articles written about the issues where the PDBR continued to disregard the VASRD in some cases. I will look for and post the articles when time on my schedule permits. I agree, the PDBR is government politics at it's worst.
     
  16. TOT31

    TOT31 PEB Forum Veteran Registered Member

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    read Des outrage #1. It supports what I stated earlier about the issues of the PDBR at the onset and why it was a good thing not to have applied at it's inception. If the article doesn't open search Des outrage #1
    http://vets.yuku.com/topic/39041/DES-Outrage-Week-1-DoD-Finds-Way-Deny-Benefits
     
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  17. jdelatorre

    jdelatorre Registered Member

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    Funny thing is my wife told me about some guy she ran into at work who told her about the wounded warrior act. This I think was back in 2010. Anyway after explaining how I was discharged and the rating I got compared to my injuries he told her to have me call him. I blew it off as some solicitation for the wounded warrior project and never called. Now since I received my letter and filed, I'm getting the " I told you so" from the wife.
     
  18. Paradox45

    Paradox45 Registered Member

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    Very interesting.

    Thanks
     
  19. TOT31

    TOT31 PEB Forum Veteran Registered Member

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    I'll tell you s
    Hey sfc delatorre, did you get separated for PTSD from the army between sep 2001 and Jan 2009? I attached a federal courts decision to force the army to permanently retire a soldier and the legal argument the court used was because the army did not follow the VASRD in effect at the time of his discharge and place him on tdrl and reevaluate him at the legally required 6 month mark. The army attempted to argue that they retroactively placed him on tdrl at 50% and constructively evaluated him at the 6 month mark and gave him a permanent rating of 10% at the end of his constructive tdrl. The judge told the army that they could not constructively go back in time and do the soldiers board. Than the judge told the army that because they acted contrary to law and never placed him on tdrl, they had to place him on tdrl for the 5 year Max and than because they didn't evaluate him in that 5 year span, by law, they had to retire the soldier at 50% permanently. If this sounds like what they did to you, there is legal precedence in federal court that can used for you. In short if this case applies to your situation, the lawyer who puts together your evidence for the PDBR application could attach this case and reference it as precedence and include it in your argument for retirement. The army would also read this argument when the pdbr submits their recommendation. It will ensure you have maximum combat multipliers employed when you hit the LD.
     

    Attached Files:

  20. TexasTACP

    TexasTACP PEB Forum Veteran Registered Member

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    Good luck to all!

    According to timelines in this forum 2+ yrs is average. I personally will not complain to them until after my fate is revealed and most likely never at all.

    This is house money, just pleased we get a second chance.
     
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