100% P&T VA (SC)(CR) - Applied for PDBR

3rd.ID.Grunt

Registered Member
#1
Greetings!

February 27, 2017, I sent in my application for review to the PDBR.

September 14, 2017, I received notification from PDBR stating my application was uploaded for review and was entered into the tracking system. My application was assigned a docket number.

My question below is based on the following facts:

1. Placed on TDRL with and eligibility for CRSC by PEB Board with a rating of 60% by military service for combat related injuries. The medical conditions rated at the PEB are the same as the VA below with the exception of TBI. The TBI was found after the fact due to a MRI conducted by the VA.

2. At review for TDRL, a "fit for duty finding was awarded, and TDRL was removed by branch of service. Total time on TDRL was approximately one year.

3. Three months after "fit for duty finding, the VA rate returned with 100% Permanent and Total with no review and all findings was determined to be service connected due to injuries in combat operations.

The rating breakdown is as follows:

100% for PTSD w/depression and anxiety disorder
100% for TBI
10% for tinnitus w/right ear hearing loss

4. After the 100% Permanent and Total award from the VA, Social Security granted disability for the same findings on the same medical conditions listed in the VA disability.

5. My separation date from service is December 29th, 2009.

6. At the time of separation, my pay grade was E-5 over 6 years.

My questions are, what are the chances that the PDBR will overturn the "fit for duty" finding?

Should I send in my paperwork to the PDBR showing I am also awarded Social Security, or is that something the PDBR will consider when making a determination?

Has anyone else had a similar experience where their branch of service placed TDRL, revoked it, and then was rated 100% Permanent and Total by the VA?

What are the chances that the PDBR will mimic the finding of the VA and make a recommendation of 100% PDRL through my branch of service?

Finally, what is the process to file for CRSC, and how long does that process take once a decision is made by the PDBR to start receiving pay?

I am hoping to find some guidance and reassurance that my case will be overturned and placed back on retired status.

Thank you all for your time and best of luck to any and all going through this long proces!
 

3rd.ID.Grunt

Registered Member
#3
I think your case has significant merit. CRSC only took me 30 days, but others have reported waiting 6 months.

Best regards
Mike
Any thoughts on whether the PDBR would consider the Social Security Disability findings? I've found nothing on any website to say whether that is or is not something the board considers when making a decision. The only thing I've found is the comparison between the PEB and the VA rating decisions.
 

gsfowler

Staff Member
PEB Forum Veteran
#4
Any thoughts on whether the PDBR would consider the Social Security Disability findings? I've found nothing on any website to say whether that is or is not something the board considers when making a decision. The only thing I've found is the comparison between the PEB and the VA rating decisions.
The SSDI decision may assist you in pulling some weight. IMO the TBI is going to be the nail in the coffin, since in 2009 they were not screening service members for TBI properly.

Out of curiosity, what were the unfitting condition(s) that added up to 60% for your TDRL?
 

3rd.ID.Grunt

Registered Member
#5
The SSDI decision may assist you in pulling some weight. IMO the TBI is going to be the nail in the coffin, since in 2009 they were not screening service members for TBI properly.

Out of curiosity, what were the unfitting condition(s) that added up to 60% for your TDRL?
The 60% from the PEB was for PTSD, Panic Disorder w/agoraphobia, depressive disorder, tinnitus, and hearing loss in right ear
 

chaplaincharlie

PEB Forum Veteran
Registered Member
#6
Any thoughts on whether the PDBR would consider the Social Security Disability findings? I've found nothing on any website to say whether that is or is not something the board considers when making a decision. The only thing I've found is the comparison between the PEB and the VA rating decisions.
I agree with @gsfowler, the TBI is what I find to have significant merit.
 

chaplaincharlie

PEB Forum Veteran
Registered Member
#7
I think the unilateral hearing loss is highly probative of concussive injury. Since your are trying to add an undiagnosed TBI; you may want a statement from audiology stating the same.
 

chaplaincharlie

PEB Forum Veteran
Registered Member
#8
I should have added unilateral hearing loss (without the presence of a tumor on the auditory nerve) is highly probative of concussive injury.
 

3rd.ID.Grunt

Registered Member
#9
I think the unilateral hearing loss is highly probative of concussive injury. Since your are trying to add an undiagnosed TBI; you may want a statement from audiology stating the same.
Thank you all for your responses. I will keep this thread posted as updates come from the PDBR.

As far as the hearing loss, the VA audiologist determined it was from tinnitus and directly related to explosions and small arms fire during OIF. There was no mention in medical report of it being related to the TBI.

The TBI was attributed to loss of consciousness when my head hit the Bradly as well as repeated mild concussions from blast waves. I never thought blast waves could result in concussion, but apparently, the pressure bangs your brain around against the skull.

The TBI screening was conducted when I failed some cognitive testing for memory and concentration. The results show significant cognitive impairment in both memory and concentration. This was not on the PEB. So, I was not sure it would be considered by the PDBR in a reassessment.

I've been unable to get a new job or go back to school because of this. Learning new tasks has proven extremely difficult. It isn't that I cannot, and I know I am not as bad off as some of my fellow brothers with TBI. It does not affect my ability to walk, speak, or control muscle movement. It is mostly in memory and the area mentioned.

Anyway, I really appreciate the feedback. I've been very concerned about this. I hope the PDBR is more reliable than the big green weenie. My faith in others is extremely limited anymore.

I feel I should have been placed on PDRL originally, but my mistake was answering the doctor at my reevaluation for TDRL. The physician asked me if I had a desire to return to active duty. I told him yes. As with most people I know, I think we all have a desire to go back. No matter how much we talked badly about it or complained, it was something I was personally proud of and enjoyed. Unfortunately, wanting to be back and being able to do the job are two different things. It was after that my fit finding was given.

Will keep you all posted and best of luck to anyone else reading this going through the same or similar process
 

mykedeee

Registered Member
#11
I was attempting to say unilateral hearing loss is associated with concussive injuries. TBI is a concussive injury. Hopefully you have good documentation.

A good intro to coup and countrecoup is found at:
https://en.wikipedia.org/wiki/Coup_contrecoup_injury
You seem extremely knowledgeable, question for you Mike. I got my package back from the PEB and I’m receiving 40% DOD 100% VA PDRL medically retired. My PEBLO said something about possibly 2 separate checks one from the VA for the 100% and another from DOD. Something about base pay and the 40 percent. Was wondering if you had any information on that. Have an awesome week

V/r
Myke
 

gsfowler

Staff Member
PEB Forum Veteran
#13
You seem extremely knowledgeable, question for you Mike. I got my package back from the PEB and I’m receiving 40% DOD 100% VA PDRL medically retired. My PEBLO said something about possibly 2 separate checks one from the VA for the 100% and another from DOD. Something about base pay and the 40 percent. Was wondering if you had any information on that. Have an awesome week

V/r
Myke
I think your PEBLO may be a bit off base on this one. You cannot collect medical retirement and VA C&P at the same time (known as concurrent payment).

100% C&P award is approximately $3000-3300 per month depending on your marital status and dependents.

DoD 40% is typically 40% of your retired pay base (average of top three years of base pay) which unless your base pay was $8000 per month, it will not be greater than your VA C&P award.

Since your VA C&P award will be greater than your medical retirement pay, you will have to waive the medical retirement pay to receive the tax free VA C&P award, this is called the VA offset.

Now, if your injuries were considered combat related per the definition of the CRSC rules, then you can file for CRSC compensation from your branch of service and potentially restore some or all of that VA offset to your medical retirement.
 
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