20% severance and a kick in the rear

houly46

New Member
Registered Member
So, very first post. I'll try to be brief yet descriptive. I was an aviation rescue swimmer/ aviation orandance 3rd class when I was discharged in 2002. I was assulted on nas North island. Stabbed 5 times, once in the head and 4 in the abdomin, that left me fighting for my life. Punctured lung liver and diaphragm. I did two limdu periods, then PEB. I was found to be undeployable due to my surgery pain, and vetral hernias. Was first offered 10%, I declined and settled for 20%. I was then rated at 70% initial VA. 30% asthma-post assault, 30% PTSD, 20% status post attack with recurring vetral hernias. 10% left shoulder separation. 10% tinnitus. Everything but the shoulder was a direct result of assault. I am now at 90% with the VA. So my question is do I have a case for the PDBR or BNCR?
 
Yes, you have a case. The PTSD alone should have been rated at 50%


§4.129 Mental disorders due to traumatic stress.


When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran’s release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran’s discharge to determine whether a change in evaluation is warranted. (Authority: 38 U.S.C. 1155)


[53 FR 23, Jan. 4, 1988, as amended at 61 FR 52700, Oct. 8, 1996]
 
So, very first post. I'll try to be brief yet descriptive. I was an aviation rescue swimmer/ aviation orandance 3rd class when I was discharged in 2002. I was assulted on nas North island. Stabbed 5 times, once in the head and 4 in the abdomin, that left me fighting for my life. Punctured lung liver and diaphragm. I did two limdu periods, then PEB. I was found to be undeployable due to my surgery pain, and vetral hernias. Was first offered 10%, I declined and settled for 20%. I was then rated at 70% initial VA. 30% asthma-post assault, 30% PTSD, 20% status post attack with recurring vetral hernias. 10% left shoulder separation. 10% tinnitus. Everything but the shoulder was a direct result of assault. I am now at 90% with the VA. So my question is do I have a case for the PDBR or BNCR?
Hello, if you don't mind the wait, I strongly recommend to summit your case with the NVLSP. If they accept your case it would be forwarded to a Law Firm. It's free but worth the wait. The Firm will review your complete medical record and instead if the few pages of the Application, they will write everything that they consider could help your case. My application was 93 pages long. After three years it was just approved may 22. It's worth the wait. Best if luck.

To give you an example, mine was forwarded to Lathan and Watkins. It's. Not a cheap firm and the services, personal calls, emails and attention was excellent.
 
Thanks for the info. I have retained a lawyer. I just wanted some personal input because it seems I could go either way. The PTSD and left shoulder separation was on the PEB but under category III, not rated. My reactive airway disease (asthma) status post traumatic injury wasn't even noted on the PEB.

Will the PDBR still review and recognize that disability? Or would I have to let the BNCR run with it. Thanks again for the input.
 
Unfortunately I don't have an answer. In my application the attorney submitted everything, but in my decision packet they only consider my meb injuries. But having a detailed application doesn't hurt, and in the event of getting a negative outcome, you almost have the package ready for the federal appeal.
 
I recommend you file ASAP. You case appears to have some merit. The sooner you file, the sooner you will know. Best wishes. An attorney should be helpful, as the process is convoluted.
 
I recommend you file ASAP. You case appears to have some merit. The sooner you file, the sooner you will know. Best wishes. An attorney should be helpful, as the process is convoluted.
Mr Chaplain

I was recently awarded retirement . I currently don't have my orders and I qualify for crsc. Do I need to apply once I receive my orders or would defas automatically give me that benefits. 15 years time in service but several combat injuries. Purple Heart orders and incident report on hand. I would appreciate any I put. Thank you sir.
 
@rpenar Just reading your post, you must apply for CRSC. You have to wait until you're a retiree. With a Purple Heart it's highly likely you'll be approved for it.
 
@rpenar Just reading your post, you must apply for CRSC. You have to wait until you're a retiree. With a Purple Heart it's highly likely you'll be approved for it.
Thank you for your info. I will have everything ready and submitted once I receive my orders.

Thank you
 
Mr Chaplain

I was recently awarded retirement . I currently don't have my orders and I qualify for crsc. Do I need to apply once I receive my orders or would defas automatically give me that benefits. 15 years time in service but several combat injuries. Purple Heart orders and incident report on hand. I would appreciate any I put. Thank you sir.

As stated above you must apply for CRSC. You apply to your service, not via DFAS. Congratulations on receiving retirement.
 
As stated above you must apply for CRSC. You apply to your service, not via DFAS. Congratulations on receiving retirement.
Thank you for your support and for helping so many in need in this forum. God Bless.
 
You are most welcome.
 
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