New Physical Disability Board of Review for those Separated since 2001

Jason,
Any word on how to apply your case to this board yet?? Will it be an online thing like the online BCMR site?? I am real interested in getting mine in as soon as the Army gets there's up and running. With only a 10% rating for the spinal fusion I had and it not being rated seperately with the muscle and nerve damage, plus I received a combined total of 30% from the VA for other disabilities I received on Active Duty, yet those were not part of my MEB, even though they were listed. I still wanted to be found fit for duty, but it doesn't look like they will be overturning PEB's and letting soldiers continue active duty.
 
Rangerchuck,

The Air Force, as the lead component, has to publish regulations before you will be able to apply. I hope that is the last neccesary step, but it may also take implementing regulations from the Army as well.

As they publish the regulations, be sure that I will post any updates. Pretty frustrating that they have not gotten this up and running faster.
 
Because of language appearing in the National Defense Appropriate Act of 2008, Sect 1641, (requiring application of VA law, and regulations, as interpreted by the CAVC) I believe that the Super PEB will be bound to the standard of review utilized by the VA, i.e., "as likely as not."

Even better, it also appears from the DoDI 6040.44, paragraph 6(i)(3), that new evidence may be presented, including subsequent VA disability determinations. This is a very fertile opportunity.

Does anyone know who in the AF is putting the regs together?

Ted Jarvi
 
QUESTIONS??? I was discharged on July 12, 2007 with a rating of ten percent for a designated combat related disorder. I received severance pay for my fourteen years of service. I believe that I should have been rated higher and been medically retired. I think I fall in the correct range for the new PDBR. Why do they make this stuff so friggin difficult? I mean, it's like you need to be a damn lawyer just to figure it all out. The fact that they are changing the standards by which determinations are being made shows that something was seriously wrong with the 'old' standards yet they are going to stand by them for people discharged before January 28, 2008??? I know that a mistake was made in my case but at the time I just didn't have the energy to continue with the appeal process. When I went before the board in San Antonio the first time, they treated me like a criminal. They grilled me for two hours on my condition only to find out they hadn't even read the bulk of my medical records. They sent my case back to the MTF for more evidence (I guess a foot thick wasn't enough paper for them), and while I was waiting for my second appearance before the board my mother passed away from cancer. It was at that point that I just gave up and decided to accept their crooked rating and 'hush money' (aka severance pay). I mean, even when I thought they were going to fix the problem of having to pay your severance back to the VA...they decide NOT to make it retroactive...effed again!!!!! So, when they finally decide to get this PDBR board up and running, I'll put my paperwork in but I'm not going to get my hopes up too much. These guys just seem to luv to get out hopes up and then just screw us again. I hope I'm wrong, but I'm tired of this crap.:mad::mad::mad::mad:
 
Hey Jason, Maparker, and anyone else,

The question I have for y'all is; if you had a preference as to which service agency you would pick to be the lead, which one would you pick and why? Air Force, Army, Navy or the Marines.

I, personally, would not want the Army, I don't know much about the other services PEB programs, but because of my experience dealing and working with the AF, I would probably go with the AF.

Just asking.
 
The Navy & Marine Corps are both handled by the same PEB. The Army & Navy seem to be the ones that are mentioned the most for under-rating or not rating disabilities, I guess that it will be the Air Force by default.
 
I would go with the AF. I have had the best luck, overall, with them getting just rulings.

Mike
 
I would not pick the Army to do anything with taking care of troops. I think the AF seems to be most concerned about people so I go with them.
 
Well based on what I have been through, the Army could NOT handle anything, and I served in the Navy, and that wasn't that much better, so that only leaves the Air Force.
 
Well since there will be all services on the board I hope the AF Board President doesn't cave in and give a rubber stamp.
 
I believe this is rather unfair to the rest of us who were wrongly discharged, not retired or inaccurately evaluated. I was given a disability discharge at 20% but they wrongly rated my LOD injuries. I was supposed to rated separately for my neck and lower back as per the Army regulation which would have left me with Disability retirement, but when I appealed the decision I was told these are the VA regulation not the Army's even though I only quoted the Army regulation. I was discharged in May 2000 and don't fall under this new rule. Where should I turn?

Tony
 
Does any body knows where we need to send the paper work so our records could be reviewed. Seems that the law is there but nobody knows what we need to do. I has been inquiring different places what we need to do but nobody gives me the right answer. I have contacted the JAG office and they don't know what to do. If someone in this forum knows what are the procedures please let me know. this is really important for me because I have been short changed with my disability rating
 
jrf568

The board has not been set up yet. The regs covering how the board is to operate have not even been written. Yes the Military is way behind on what Congress told them to do. I am sure as soon as something is written it will be posed on this site.
 
Big_Sarge:
I agree, it is unfair. I believe the only recourse you have is with the ABCMR (Army Board for the Correction of Military Records). I believe you have three years to appeal your discharge rating. If you were discharged in 2000, you may be out of luck. There may be a way to do it but it won't be easy and you'll definitely need a lawyer.

Kevin

Big_Sarge said:
I believe this is rather unfair to the rest of us who were wrongly discharged, not retired or inaccurately evaluated. I was given a disability discharge at 20% but they wrongly rated my LOD injuries. I was supposed to rated separately for my neck and lower back as per the Army regulation which would have left me with Disability retirement, but when I appealed the decision I was told these are the VA regulation not the Army's even though I only quoted the Army regulation. I was discharged in May 2000 and don't fall under this new rule. Where should I turn?

Tony
Click to expand...
 
The BCMR rule is three years from the discovery of the error or injustice. Even then, the rule is often waived in the interest of justice.

The PDBR will be up and running eventually. You need to be patient as this will likely be the best board for resolutuon. The devil is in the details which we have yet to see.

I am meeting with DoD DES officials this week and will be asking questions about the PDBR. I am also participating in the MOAA/USNI wounded warrior forum on Sept 17th and will ensure the issue is discussed there as well.

Mike
 
I know the PDRB is not ruling for fitness, but wouldn't this be something that could be used to push for a fit finding if the Army rated you at 0%? What would be the way to do that?
 
rangerchuck,

No, I don't think this would fly. Remember, a 0% rating, in the military PDES system is still a rating, netting the servicemember severance pay (if that is the only rated condition). It just means that the condition, while preventing reasonable performance of duties, does not meet the criteria for a 10% rating.
 
if you have info about where to submit the documents for reviev please let me know because i was screw, and only given 20%,after been medivac from iraq in 2004, when does that review board start up? and where do the supporting documents for review get sent to?drop aline if you have currently address and infor about this review board, my address is [email protected]
 
On 17 September, I attended and participated in the USNI/MOAA Defense Forum on wounded warrior issues.

Sam Retherford of DoD stated that the Air Force hopes to have a PDBR website based application system up and running by 1 December. Of course the PDBR was mandated by Congress to up and running by 28 April 2008.

Mike
 
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