For all those that didn't get what they deserved.
Denied By The PDBR
- Thread starter Jwilliams61735
- Start date
My name is Jonathan Williams and I am a combat veteran of Operation Enduring Freedom and a veteran that served proudly and was medically and honorably discharged in September 2005. In my current state, I am Veteran's Affairs 100% disabled due to being unemployable, collecting social security, and going through some tough roads financially, psychologically, physically, and emotionally because of what my country is doing to me and my fellow veterans. I still to this day have a 10 page paper on my rough fight from 2006-2008 with the VA, and now the DOD for something I deserve.
In December 2008 I heard about the Physical Disability Board of Review being formulated as a watchdog of the injustice that 90,000 veterans faced upon separation from their services. I was one of them, I received 10% DOD Rating for "Muscle Spasms" after several MRI, X-Ray, and Orthopedic Surgeon Reports said I had the following:
- An MRI showed that my back was in Grade I Spondylolisthesis resulting in nerve compression on my spinal column.
- L4 – L5 Disk Herniation, L5 – S1 Disk Buldging.
- Mild Degenerative Disk Disease in S1, L5, L4.
- Spinal Stenosis of the Lower Back Spinal Column
- Nerve Failure and Lumbar Radiculopathy directly under my L5 – S1
If you look at all that, and you were on the military's medical board dealing with this case. I think the suspicion of injustice is apparent. In addition, Veteran's Affairs piggy backed the Department of Defense
medical board and gave me a rating of 20% for "lumbarsacrial strain" or again "muscle spasms." 6 months after separation I requested for a reevaluation on my back for an increase and the doctor at that exam looked at me and stated "why did they give you muscle spasms instead of degenerative disk disease like reported several times?" I couldn't answer that question. The VA then granted me 40% for my Degenerative Disk Disease, something that should have been granted to me upon separation and as a DOD rating as well.
In addition I was granted 30% VA upon separation for depression and anxiety, but as of October 2008 is now 70% for PTSD granted retroactive since my separation.
The PDBR looked over my case when I submitted it back in January 2009, and they gave me the case number #19. There has been another serious injustice again, to me and several other vets that are currently receiving bad news right now.
Congress back in April took shots at the PDBR Policy DODI 6040.44 and had a lot of it changed.
In that change there was a policy "If the Service member indicates that a DVA disability award has been made, the applicant shall be requested to provide a copy of the DVA determination letter and sign a release form authorizing the PDBR access to the information. The Military Departments will obtain DVA rating determinations issued on behalf of the former Service member. Once obtained, the PDBR should compare any DVA disability rating for the specifically military unfitting condition(s) with the PEB combined disability rating and consider any variance in its deliberations and any impact on the final PEB combined disability rating, particularly if the DVA rating was awarded within 12 months of the Service member’s separation.”
Of this policy, the assumption of the PDBR is to review all VA ratings for any related diagnosis over the 12 month span after separation, i.e. my 40% for Degenerative Disk Disease. The PDBR sent me my confirmation and new DOD rating last week. They found me to be rated improperly, but given another injustice. Even worded in the report incorrectly, my conditions did not worsen over a six month span, the VA only found out it was a different rating code, and awarded me 40%. I had the same exact issues as I did upon separation, but yet again I get thrown to the side. I got the royal boot, they gave me an increase to 20%, didn’t take into account my PTSD or 40% VA rating 6 months after separation, and I only needed 10% to retire. I get nothing out of this, no additional pay, because I already received my severance, which I paid off and the VA is insisting I didn’t, and I miss out on retirement from the service I gave my blood, sweat, tears, and life to. My back is the life of the body; you know that just as much as I do, it will be a permanent problem, which was done in the line of duty. I have no medical insurance except VA which is 30 minutes away, no privileges to say I sacrificed almost everything for my country, yet I have nothing to show for it except a VA ID Card. I have been slipping mentally from medication, physically from my conditions, and psychologically from my trauma and morale.
I hope it’s not too late to reevaluate my case and look at the facts and not sweep a veteran who deserves this not for himself, but for his family.
Sincerely,
Jonathan Williams
Security Forces Member
SrA, US Air Force (Sep.)
In December 2008 I heard about the Physical Disability Board of Review being formulated as a watchdog of the injustice that 90,000 veterans faced upon separation from their services. I was one of them, I received 10% DOD Rating for "Muscle Spasms" after several MRI, X-Ray, and Orthopedic Surgeon Reports said I had the following:
- An MRI showed that my back was in Grade I Spondylolisthesis resulting in nerve compression on my spinal column.
- L4 – L5 Disk Herniation, L5 – S1 Disk Buldging.
- Mild Degenerative Disk Disease in S1, L5, L4.
- Spinal Stenosis of the Lower Back Spinal Column
- Nerve Failure and Lumbar Radiculopathy directly under my L5 – S1
If you look at all that, and you were on the military's medical board dealing with this case. I think the suspicion of injustice is apparent. In addition, Veteran's Affairs piggy backed the Department of Defense
medical board and gave me a rating of 20% for "lumbarsacrial strain" or again "muscle spasms." 6 months after separation I requested for a reevaluation on my back for an increase and the doctor at that exam looked at me and stated "why did they give you muscle spasms instead of degenerative disk disease like reported several times?" I couldn't answer that question. The VA then granted me 40% for my Degenerative Disk Disease, something that should have been granted to me upon separation and as a DOD rating as well.In addition I was granted 30% VA upon separation for depression and anxiety, but as of October 2008 is now 70% for PTSD granted retroactive since my separation.
The PDBR looked over my case when I submitted it back in January 2009, and they gave me the case number #19. There has been another serious injustice again, to me and several other vets that are currently receiving bad news right now.
Congress back in April took shots at the PDBR Policy DODI 6040.44 and had a lot of it changed.
In that change there was a policy "If the Service member indicates that a DVA disability award has been made, the applicant shall be requested to provide a copy of the DVA determination letter and sign a release form authorizing the PDBR access to the information. The Military Departments will obtain DVA rating determinations issued on behalf of the former Service member. Once obtained, the PDBR should compare any DVA disability rating for the specifically military unfitting condition(s) with the PEB combined disability rating and consider any variance in its deliberations and any impact on the final PEB combined disability rating, particularly if the DVA rating was awarded within 12 months of the Service member’s separation.”
Of this policy, the assumption of the PDBR is to review all VA ratings for any related diagnosis over the 12 month span after separation, i.e. my 40% for Degenerative Disk Disease. The PDBR sent me my confirmation and new DOD rating last week. They found me to be rated improperly, but given another injustice. Even worded in the report incorrectly, my conditions did not worsen over a six month span, the VA only found out it was a different rating code, and awarded me 40%. I had the same exact issues as I did upon separation, but yet again I get thrown to the side. I got the royal boot, they gave me an increase to 20%, didn’t take into account my PTSD or 40% VA rating 6 months after separation, and I only needed 10% to retire. I get nothing out of this, no additional pay, because I already received my severance, which I paid off and the VA is insisting I didn’t, and I miss out on retirement from the service I gave my blood, sweat, tears, and life to. My back is the life of the body; you know that just as much as I do, it will be a permanent problem, which was done in the line of duty. I have no medical insurance except VA which is 30 minutes away, no privileges to say I sacrificed almost everything for my country, yet I have nothing to show for it except a VA ID Card. I have been slipping mentally from medication, physically from my conditions, and psychologically from my trauma and morale.
I hope it’s not too late to reevaluate my case and look at the facts and not sweep a veteran who deserves this not for himself, but for his family.
Sincerely,
Jonathan Williams
Security Forces Member
SrA, US Air Force
(Sep.)Those f'ers don't care about us little enlisted guys. After all now they will get their wives DOD civil service jobs with no competition.
In my case which i haven't heard back from yet, the Coast Guard booted me for panic disorder with agoraphobia and obsessive compulsive disorder. They gave me 10% but the VA gave me 30%. They rated them as one condition but should they not be separate since they both have VASRD codes? I also have severe sleep apnea and was on allergen shots with chronic sinusitis. I could not stay on my cutter because to give allergen shots one has to be a doctor in case of anaphalactic shock. That should be a case for unfitness as well. The Coast Guard only carries Corpsman on board.
Heck, i am up for just suing them. I am going to write my 2 Georgia Senators and Congressman now. I don't know what to expect from the PDBR since the VA saw things differently than the Coast Guard MEB. My rating is retro to my discharge date, so maybe i have a chance. I did 10.5 years in the Coast Guard and Navy.
Keep your chin up BW, we'll win in the end.
In my case which i haven't heard back from yet, the Coast Guard booted me for panic disorder with agoraphobia and obsessive compulsive disorder. They gave me 10% but the VA gave me 30%. They rated them as one condition but should they not be separate since they both have VASRD codes? I also have severe sleep apnea and was on allergen shots with chronic sinusitis. I could not stay on my cutter because to give allergen shots one has to be a doctor in case of anaphalactic shock. That should be a case for unfitness as well. The Coast Guard only carries Corpsman on board.
Heck, i am up for just suing them. I am going to write my 2 Georgia Senators and Congressman now. I don't know what to expect from the PDBR since the VA saw things differently than the Coast Guard MEB. My rating is retro to my discharge date, so maybe i have a chance. I did 10.5 years in the Coast Guard and Navy.
Keep your chin up BW, we'll win in the end.
I hear ya Sem! God Bless Brother, and good luck with everything on your end! We will win, especially when more vets are getting the shaft. Its a matter of time before another April lashing happens!
Plus with the guys and gals that do get it, the PDBR will have to explain to the people who didnt get it why there are concrete similarities to these cases!
Im sticking through with this to the end, even if I get my retirement, im sticking with the rest of the "90,000" who are in this like I am, Im going to be a strong advocate for all these servicemembers. We all deserve this, hell if this happened to me in the Railroad Service, I would be a millionaire right now! All I want is a few benefits and a couple hundred extra a month, is that alot to ask from someone who has sacrificed their health and life to the military?
Plus with the guys and gals that do get it, the PDBR will have to explain to the people who didnt get it why there are concrete similarities to these cases!
Im sticking through with this to the end, even if I get my retirement, im sticking with the rest of the "90,000" who are in this like I am, Im going to be a strong advocate for all these servicemembers. We all deserve this, hell if this happened to me in the Railroad Service, I would be a millionaire right now! All I want is a few benefits and a couple hundred extra a month, is that alot to ask from someone who has sacrificed their health and life to the military?
Sorry Big Wil.
We have to do something involving the media. we are being screwed again. I was in 5 years and was going to stay 20 atleast. I loved being an Infantry NCO and was good at it. I got hurt and was thrown out like a used pizza box. Honestly I still have not gotten over being medboarded. I wish I could go back in. Even getting the retirement will help prove me right and help my family but I miss what was taken from me.
Anyway, sorry again bro I have a similar situation to you. I was diagnosed with a low back strian, at 10% now they say I have degenerative Disk disease. I applied for a higher rating and went for a comp/pen exam so we will see.
Take care bro, John
We have to do something involving the media. we are being screwed again. I was in 5 years and was going to stay 20 atleast. I loved being an Infantry NCO and was good at it. I got hurt and was thrown out like a used pizza box. Honestly I still have not gotten over being medboarded. I wish I could go back in. Even getting the retirement will help prove me right and help my family but I miss what was taken from me.
Anyway, sorry again bro I have a similar situation to you. I was diagnosed with a low back strian, at 10% now they say I have degenerative Disk disease. I applied for a higher rating and went for a comp/pen exam so we will see.
Take care bro, John
Hey John,
Thanks, and I hear ya brother, keep your head up, if you need any help with your comp deal let me know, I wrote and got my Congressman's help, as well as an American Legion Rep. The Congressman is more for show, and the AM Rep was the front line soldier.
We are fighting this tooth and nail my friend, it will happen sooner or later. Have a good one!
Jon "Big Will" Williams
Thanks, and I hear ya brother, keep your head up, if you need any help with your comp deal let me know, I wrote and got my Congressman's help, as well as an American Legion Rep. The Congressman is more for show, and the AM Rep was the front line soldier.
We are fighting this tooth and nail my friend, it will happen sooner or later. Have a good one!
Jon "Big Will" Williams
confusedARNGvet
PEB Forum Regular Member
John,
Its too bad the DOD doesnt enforce its own laws it creates I am in similar situation except I have the VA ratings but because I got out I have to fight them through the BCMR.
Like you said by statute the DOD was supposed to examine all claims within a year of discharge they never have. Congress tells them they will use the VASRD to rate disabilies but yet they decide the fitness for duties What kind of SH&* is that Its high time for another bashing in the media and the public eye that they (service no longer decides who is fit or not) like the the new statutes were supposed to have fixed. Let the VASRD determine the ratings. The Military has proven irresponsibility regarding this, take it away from them.
Keep your head up Soldier ON
Mike
Its too bad the DOD doesnt enforce its own laws it creates I am in similar situation except I have the VA ratings but because I got out I have to fight them through the BCMR.
Like you said by statute the DOD was supposed to examine all claims within a year of discharge they never have. Congress tells them they will use the VASRD to rate disabilies but yet they decide the fitness for duties What kind of SH&* is that Its high time for another bashing in the media and the public eye that they (service no longer decides who is fit or not) like the the new statutes were supposed to have fixed. Let the VASRD determine the ratings. The Military has proven irresponsibility regarding this, take it away from them.
Keep your head up Soldier ON
Mike
Thanks Mike, I agree with you, Appreciate the help.
Wil,
they denied my claim for an increase for degenrative disks but they acknowledge that the injury was more than a strain. They did not increase because they said I did not complain of pain often enough. Is that rich or what?
Take care have a good weekend
they denied my claim for an increase for degenrative disks but they acknowledge that the injury was more than a strain. They did not increase because they said I did not complain of pain often enough. Is that rich or what?
Take care have a good weekend
Yet another one gets the DOD 16 incher...Sorry to hear that! We are working on fighting it..
You have Facebook?
You have Facebook?
Big Will,
I just left a post prior to reading the synopsis for your disabilities. I am truly sorry that you went threw all this bs.... I also was a Security Forces Member. Now I know why you seem bitter about all this. After reading that the DOD gave you 10% for muscle spasm, just shows the PDBR loop hole around it all. You have 40% for degenerative disk and thats the loop hole, the PDBR is saying its different which is bs. I was just diagnosed with Deg. Disk for the cervical spine, Thormbuclar back strain. Do you think that the VA will give me compensation? Give me your email and I will email exactly what they told me and I have my comp results but still pending rating specialists.
I just left a post prior to reading the synopsis for your disabilities. I am truly sorry that you went threw all this bs.... I also was a Security Forces Member. Now I know why you seem bitter about all this. After reading that the DOD gave you 10% for muscle spasm, just shows the PDBR loop hole around it all. You have 40% for degenerative disk and thats the loop hole, the PDBR is saying its different which is bs. I was just diagnosed with Deg. Disk for the cervical spine, Thormbuclar back strain. Do you think that the VA will give me compensation? Give me your email and I will email exactly what they told me and I have my comp results but still pending rating specialists.
Hey Mike,
Shoot me an [email protected] for a fellow cop!
You have a good shot if it was done in service or you have something documented in service like muscle spasms. If you didnt have anything wrong before service, you still got a good chance. Shoot me the particulars and I'll help ya out.
Big Will
I too was denied...discharged with a combined rating of 20% the injury that caused me to be medically unfit the VA gave me 30% alone for it. My combined rating now is 90% and I receive an email with a generic letter with my name attached ..stating the DDA didn’t agree and nothing changed and I can appeal it at the Federal Court Claims