DENIED

speedyhawk101

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
DENIED!

I am disappointed in the outcome but I am not surprised.

I get that his was based on range of motion and such. Being young and thinking you have to be tough all the damn time, not taking into consideration how sucking it up can affect the rest of your life.

The military wants warriors not titty babies that run to sick call every time they've got a booboo. However this an lead to suppressing the legit booboo's and that can be a huge mistake when your walking around for a few years with a fractured L4. Even post surgery and PEB I acted like the though guy. Nothing to see here. I'm just fine. Pain what pain? Same goes for the mental side of the house. If you're hurting you've got to talk about it. Let your doc know when they ask you specifics. It wasn't until I had been out for about 3-4 years did it all come crashing down. It's kinda hard to justify rating increases when you've been such a tough guy all this time. Well. That's what I was trained to do. Don't think about that. Drive on. Push through. Don't let things get to you. Pain is weakness leaving the body.

"Pain is temporary pride is forever" was on the wall of my barracks bay when I was in basic training. They taught us to embrace he suck. If you feel pain keep on going your body will adapt. This is true to an extent. But when you're hurt and you know you shouldn't be jumping out of the Blackhawk dangling from a rope in all your gear, you know that hooking up a sling load and jumping off the 9" container isn't a good idea but you do it anyway because it's your job, you hide the pain because you can't let your subordinates know you're weak, AND you know you shouldn't run the 12mile ruck in 2hrs that shit may hurt your spine in 10 years. But you do it all anyway because that is what soldiers sailers and marines do....and airman. Looking back I should have tapped early on. I'd still be in the same boat, but maybe just maybe I would hurt he way I do at 39.

And to top it all off the Army signed off on this back in July 2016. I'm just now getting notified AND I had to contact ARBA to get the documents mailed to me. Wow!
 
You made mention of a mental condition. Were you boarded for that condition. If yes what was it and if no, was it a condition that was noted in your PEB but found fitting. It's important because the way mental health was handled by the army PEB board and recently, in 2016, the way the pdbr handled it was wrong and contrary to law in many cases. Let me know
 
Specifically, the army lost a federal court case last year and was ordered to retire a soldier because the federal judge who presided over the case cited that the army did not have the authority to go back in time and arbitrarily retire a soldier reconstructed manner and than administratively assign a rating in a reconstructed manned. The soldiers due process was denied in that the soldier should have been assigned to the tdrl list and physically reevaluated at the 90 to 180 day timeframe that was required by law. The judge cited that the pdbr attempted to recommend a final rating based off of the soldiers PEB but could not because the eval used should have been a tdrl after separation eval. The judge continued to site that the VA rating narsum could not be used because a physical revaluation did not occur after the VA rating. Because no legal reevaluation ever occurred after separation, the judge ordered a permanent retirement. It was for a PTSD case.
 
I was seen by mental health but never diagnosed. I was on antidepressants for a short time. This wasn't mentioned in my MEB. I had so many things going on after my back surgery I just wanted out. My mental health issues weren't so much PTSD as it was prolonged chronic pain.

I was recently diagnosed with bipolar depression. A lot of good that does me, I've been out for 11 years now.
 
I often think about the pain my back is in every day. Oh how I miss the days where I could lift weights and go on hikes. Now I have the feeling of lava running down my spine all day. I am only 28 years old and have a long journey ahead of me. So I feel your pain!
 
I was seen by mental health but never diagnosed. I was on antidepressants for a short time. This wasn't mentioned in my MEB. I had so many things going on after my back surgery I just wanted out. My mental health issues weren't so much PTSD as it was prolonged chronic pain.

I was recently diagnosed with bipolar depression. A lot of good that does me, I've been out for 11 years now.
I genuinely feel for you brother. I developed serious disdain for the us government after year in and year out of political war zones. I wear the disdain on my arms and chest. I burnt out by way of red hot metal all of my military tats after seeing the politics in war. They pattern infantry by way of behavioral modification ( I think civilians call it hazing) to be killers ( we aren't cooks and mechanics) and when reflexive fire and mental conditioning in preparation to punch holes through human personnel that stand in the way of American diplomacy (don't get me wrong, terrorist need to have holes punch d through them), they look at us like we're animals and so does the civilian sector that we transition into. I contracted over seas after my service and protected diplomats who were worthless and pushing a screwed up American financial agenda. I conducted PSD details for some real oxygen thief's trying to make a dollar off of our brothers blood. When the music stopped and the 7 years I spent down range in designated combat zones as a soldier and contractor ended, I came back to an ungrateful government and a bunch of blind civilians who either bought into the patriotic bs that the government was pushing or the liberal terrorist loving people who looked down on Marines or soldiers who got disenchanted with politics in war when dead baby killing terrorist and terrorist sympathizers were being urinated on. The government was no different in the way they discarded the service we gave. My advice is that you contact he national veterans legal services program and have them review your pdbr packet and look for r redress in federal court. Thank you for your faithful and honorable service to nation. Lean forward, tighten your ruck straps, and embrace the suck, the suck builds character for the fight waiting at the next objective. Your still alive and thats something to be thankful for. It was never about God and country. It was always about money and the political agenda. Thank your brothers that kept you alive and the family that went through the real sacrifice.
 
You know Speedyhawk101, I put a post much like your initial post on facebook yesterday when I had a needle in my knee and I was told I needed another knee surgery. Almost word for word. A reasonable human being has to make sacrifices in regards to pain in order to put food on the table. We don't always have time to go to the doctor because we hurt. Or we can't afford it (Usually my case). Even if it goes on for years. Yet the military and VA expect us to have a weekly update on the slow creep of degeneration and pain. It's amazingly frustrating. You're not alone in that frustration for what it is worth.

I'm sorry about your results. I'm sorry they screwed you by taking a year to tell you as well. I hope things work out better for you on the VA side or federal court.
 
I hate you were disappointed. As a former paratrooper I understand your frustration with missed opportunities. I remember thinking that range of motion must have meant my neck would lock, not just that it hurt. I also downplayed some pains, out of ego too. I was in an SF unit and my command ordered me to jump after I had already been referred to MEB. Military culture can be tough and illogical sometimes, but I blame the lack of training on fit for duty at the individual level and in leadership training. I expect to get the same news as you eventually, but it's worth a shot.

At 45, I've just learned that I'm going to be sore most days. I've had a lot of physical therapy and just try to keep moving. About 2 years ago, I cut my calories and lost 45 lbs, that helped.

Hang in there and reevaluate quality of life based on what you have, especially with your family. Based on your background, I know you have the fortitude to conquer the challenges ahead.
 
I was seen by mental health but never diagnosed. I was on antidepressants for a short time. This wasn't mentioned in my MEB. I had so many things going on after my back surgery I just wanted out. My mental health issues weren't so much PTSD as it was prolonged chronic pain.

I was recently diagnosed with bipolar depression. A lot of good that does me, I've been out for 11 years now.

I suspect you were diagnosed with something. Perhaps your weren't told or didn't understand. Providers don't typically hand out anti-depressants without a diagnosis. In the civilian world, no diagnosis means no insurance reimbursement for services rendered. It SOP in a clinical note to include a diagnosis and treatment plan. you may want to aquire and carefully read your entire medical record.
 
Hey, Tot, my brother,

In case you haven't heard anyone say it in a while, thank you for your service.

I'm so sorry for the pain you are in and the frustration you have experienced. I just want you to know that it wasn't just for nothing or some greedy cause.

Sure, mistakes were made and a few people took positions they may not have been qualified for or deserving of, but you and our comrades engaged the enemy overseas in their yard, so we wouldn't have to face them here. You were asked to keep our homeland safe by keeping them from ever getting to it. You served with honor surrounded by the most honorable men and women this world has ever known.

I know you hurt now and feel like you were treated unfairly, and maybe you were. I just wanted you to know that many Americans do appreciate you and everytime a kid gets on a bus or a parent goes to work, they can do that with a relative promise of coming back home later that day, because you and people like you served. Ignore the media and politics, because this country is still run by a government under submission to the will of a grateful nation.

Those scars you carry, both visible and unseen, are not ignored. From the bottom of my heart, and on behalf of my safe family, thank you. Keep getting treatment. Go live an abundant life and pursue what makes you happy. You deserve it.
 
I know what you are going threw. I had knee issue in the army as well as back issue. The army would only do xrays and send me on my way. I was discharged in Jan 2004 and with in 6 months i was in the ER due to back and knee issue and was discovered i had l4-s1 issues in my back. The VA is like well that all happen after you got out. Its like BS. Because the army failed to do their job. I got my board letter this month and it was full of BS. They claim i never had locking in my knee and its like OK or never had knee surgery, ITS LIKE ok i guess you all dont look at TRI-CARE records as well as VA records.

ITs amazing out much evidence you can have and how they find ways to turn a blind eye.
 
Just received my denial for ROM issues. Received 20% from AF at separation for a disc laminectomy with limited ROM, (which AF never measured) and continued narcotics after surgery. Went to VA 2 weeks after separating and was awarded 40% based on limited ROM.

The PDRB hinged their denial on the fact that the VA rating doctor said, "Patient WOULD not flex beyond XX%"... The boards reasoning was that it did not mean I COULD not bend further... Obviously I would not bend further because of the pain, hence the 40% rating from VA. I'm pretty sure the board played semantics to screw me. Looks like 1 letter in a document from 15 years ago is all it takes for these hacks to work you over once again. If they ever post my case on the boards I'll copy a link so you guys can read this nonsense.
 
Just received my denial for ROM issues. Received 20% from AF at separation for a disc laminectomy with limited ROM, (which AF never measured) and continued narcotics after surgery. Went to VA 2 weeks after separating and was awarded 40% based on limited ROM.
Sounds like conjecture. The pdbr does not have the authority to act as a PEB board and are operating out of their scope of authority if they do use the VA evidence collected particularly within 12 months of separation but only to the extent where it accurately reflects the severity of your disability at the time of separation. Pdbr decisions have been remanded back to the board for reconsideration in federal court due to conjecture and being selective as to what evidence they would consider rather than all evidence and for assumption rather than following facts and evidence. Look at hatmaker v. The united States. You have a strong case to appeal this decision

The PDRB hinged their denial on the fact that the VA rating doctor said, "Patient WOULD not flex beyond XX%"... The boards reasoning was that it did not mean I COULD not bend further... Obviously I would not bend further because of the pain, hence the 40% rating from VA. I'm pretty sure the board played semantics to screw me. Looks like 1 letter in a document from 15 years ago is all it takes for these hacks to work you over once again. If they ever post my case on the boards I'll copy a link so you guys can read this nonsense.
 
Sounds like conjecture. The pdbr does not have the authority to act as a PEB board and are operating out of their scope of authority if they do use the VA evidence collected particularly within 12 months of separation but only to the extent where it accurately reflects the severity of your disability at the time of separation. Pdbr decisions have been remanded back to the board for reconsideration in federal court due to conjecture and being selective as to what evidence they would consider rather than all evidence and for assumption rather than following facts and evidence. Look at hatmaker v. The united States. You have a strong case to appeal this decision. You were separated with a physical disability that based off of the VASRD had measurable (by the numbers) measures and according to your post, the VA rated you by measures and the af did not. Again, the pdbr does not have the authority to speculate what the VA doctor meant by the use of the word "Would". Again, there were measures to be considered. Sadly, the DOD continues their illegal practice of failing to consider all evidence and than the pdbr continues to consider the evidence it chooses to and ignore the evidence they choose to even though they are charged with considering and not interpreting evidence. They continue this illegal conduct because there is no reprimand past a hand smack if it goes to federal court. They know it's wrong. Service members had a better chance against terrorist on the world's battlefields than they do against the corrupt us government. At least on the battlefields, we had weapons and training to fight and win and within reason, you knew what the enemy looked like and you knew what tactics they were using. Here, the enemy wears friendly uniforms and speaks perfect English and promises fairness and equity until they hit you from the flank. I would contact the NVLSP and request for assistance in filing in federal court
 
Gm everyone and thank you for your service. I have a rhetorical question if I may. I went through the Med board in 2007 and recently in 2016 I sent my Pdbr paperwork in. I was given 20% when discharged for my neck and degenerative disk disease. However I just received my Pdbr result in which they rated me 20% saying that one of my rating beforehand was at 10%. So they raised it to 20%. My question is if you left with 20% for two areas and they rated you Now at 20 for one area wouldn’t that constitute a 30% for both. I’m having discrepancies with my 199 copy when discharged to what they rated me Now. Any assistance or guidance is greatly appreciated
 
If you can send me a copy of your pdbr results and extract all names and identifying sensitive information, I can assess it for you. Contact the NVLSP. They are taking pdbr denial cases to federal court if it appears that the pdbr is ignoring medical evidence or disregarding the VASRD. You can bypass sending me a redacted copy of your board findings and go straight to the NVLSP but I can help identify any inconsistencies or irregularities in your results. I have people on this forum that can attest to that.
 
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