Jason Perry
Founder and Leader
Site Founder
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Okay, then you would appear to qualify for the PDBR. A likely issue will be if your condition worsened while separated. If your condition worsened after your service, you would not normally be able to recover for that. So, you would need to focus on your condition while on active duty. I don't know how strong or weak your case is, but remember one thing...if you wait too long, you will not be able to sue in Federal Court. You have six years to file suit and the statute of limitations is not tolled (i.e., the time continues) by going to an administrative board. It would not be unusual for the board to take a year or more (I have seen cases take 18 months, and the speed is being impacted by the large number of cases being processed currently). So, keep that in mind. One possibility, if you were intent on pursuing your rights and keeping all of your options open would be to file a suit before your six years is up. This could be done after filing with the PDBR (or BCMR). Then, request a stay until your admin appeal is decided. The other option would be to sue directly without going to administrative board. One other thing to keep in mind. The courts will not look at new arguments - not raised at PDBR/BCMR - for the first time in court. So, it is very important that any appeal is comprehensive.
I hope all works out well for you if you decide to pursue this!
I hope all works out well for you if you decide to pursue this!