New to all of this, Seperated Med Board 2004 0% and not service connected

vetoif

Registered Member
#1
So I went through a Med. Board in 2004 @ Walter Reed Hospital after being MEDEVAC from Iraq in AUG 2003, spent approximately 3 months there. Separated with 0% disability not service connected. Was paid separation pay of $30,000 which was taxed. I was 1st diagnosed as schizophrenic, but later brief psychotic episode. MOS 11B3PQ6, SSG E6 10yrs. Clearly I am not schizophrenic, I suffered a horrible episode of paranoia and lost confidence in my leadership after an E7 friend was killed in theatre. Mefloquine toxicity is what I believe caused my episode, which remained for months and the effects (memory loss, balance, vision problems, extreme tinnitis) that are still lingering. In conjunction with the Mefloquine I was also on Cipro, which I have learned exacerbates the toxicity of the mefloquine. I wanted out so bad and really didn't understand how a Med board worked, had 0 support, just a commander saying when are they going to separate you... finally in Nov of 2004 I was separated. Cleared post and did not even talk to the VA rep except to get his signature on my clearance papers. Did not know how the VA worked. Talked to a Vietnam Vet neighbor and told him about what went down, and he said go to the VA and sign up, I did, this was 2008, had a decision in about 7 months for PTSD 50%, paid back all of the separation monies including the taxes (to late to get it back) now I am receiving 60% from the VA for a shoulder condition (20%) service connected and 10% tinnitus. Fast forward to JUL 2016, received a letter from the PEBD Dept. of Air Force, saying I fall into a timeframe where congress has deemed it necessary to check the Boards, so I filled out the form and mail it to Texas and send several supporting letters, 1 from an CW5 and 1 from a Major, both who I worked with in country and prior to the war. Didn't hear a peep, so I sent an Email to the president of the Board and the address that was in the initial letter. The Email is below...


Hello Sean, your case number is PD-2016-00793 for future reference. Your

board took place on 31 July 2017 and has been sent to Army for review and

final action. You should receive PDBR recommendation and Department of the

Army final action within the next 30 days. Hope this helps. V/R Troy

Do I have a shot at getting 30% from the Army... I have a young Family and Tricare would change our lives..
Thanks for any help or input
Sean
 

404notfound

PEB Forum Veteran
Registered Member
#2
Hi vetoif,

You will be awarded 30% from the Army if the condition you were MEB'd for meets the 30% rating criteria as per the VA guidelines (can't remember the name of the guidelines right now) at the time of your medical discharge in 2004. Try looking up the guidelines online, it might be available. If there is proof in your service medical records that you met or exceeded this criteria for a 30% rating, you should be awarded that.

Keep us updated and good luck!
 

chaplaincharlie

PEB Forum Veteran
Registered Member
#3
Yes, you have shot at being retired, but that is by no means guaranteed. You should have been rated based on your documented symptoms at the time of discharge. It sounds like you were pretty bad off at that time. I'm glad that your are much better now.

Best wishes.
 

TexasTACP

PEB Forum Veteran
Registered Member
#4
What worries me about most cases I read is that wording "rated by VA table for conditions you were MED'd for"

I had many things wrong but only 1 back problem they considered unserviceable whereas the VA considered 4 back related conditions. Sleep apnea which I had multiple surgeries for wasn't part of MEB, ptsd wasn't evaluated either but was rated by va at time of discharge.

Even if you do say "consider all conditions" It looked like in many cases the board used a very canned interpretation to limit the review scope
 

pittpan2005

PEB Forum Veteran
#5
What worries me about most cases I read is that wording "rated by VA table for conditions you were MED'd for"

I had many things wrong but only 1 back problem they considered unserviceable whereas the VA considered 4 back related conditions. Sleep apnea which I had multiple surgeries for wasn't part of MEB, ptsd wasn't evaluated either but was rated by va at time of discharge.

Even if you do say "consider all conditions" It looked like in many cases the board used a very canned interpretation to limit the review scope
Based on what you wrote, the BCMR is probably a better avenue. You are not limited to the PDBR.
 

vetoif

Registered Member
#8
Just received this from Army review Board, how long does this take?





Just had one of my analyst check with the Air Force Review Board who prepares all PDBR cases. They sent back an email stating that your case has been boarded and a decision made. It will now go through the administrative process where the President of the board will sign. Then your case will be sent to my boss, Ms. Francine Blackmon who will be the approving authority for the decision that was made. I have no idea what the results were. Once this is all complete we will then send them to the address that you provided.


I hope this



Customer Service Representative/JCL

Army Review Boards Agency

251 18th Street South, Suite 385

Arlington VA 22202



information is helpful.
 

vetoif

Registered Member
#9
Yes, you have shot at being retired, but that is by no means guaranteed. You should have been rated based on your documented symptoms at the time of discharge. It sounds like you were pretty bad off at that time. I'm glad that your are much better now.

Best wishes.
Thanks Chaplain Charlie... will keep ya'll updated
 

TOT31

PEB Forum Veteran
Registered Member
#10
The PDBR isn't applying the VASRD correctly in alot of cases that have resulted in no upgrade to retirement. Don't count on them to do their job. I believe the current success rate is around 25% of all appicants at this time. That being said, your VA rating will only be given consideration if it was awarded within 1 year of your separation. I have read over 1000 pdbr cases and in most of them, the pdbr didn't even give proper consideration to the VASRD and VA ratings. Some of the cases that were wrongfully executed have ended up in federal court with orders of remand back to the pdbr with a warning to operate within in their scope. If you get denied for any reason, contact the NVLSP and request representation.
 

pbart77

Registered Member
#11
Contact NVLSP BEFORE a decision is made, or even better before you submit a packet. This is what I did and I think it was the best move. the PDBR is final, you do not have appeal rights. Yes there are a few cases that have gone to court and been remanded back to PDBR because they did not follow procedural rules... but this is a very narrow opportunity IF you can find a very specific procedural violation. The most important thing is to get the packet right to begin with. I waited almost 2 years to submit my DD-294 because I wasn't sure what to write. I knew in my gut that I wasn't treated fairly by the PEB, but the PEBLO scared me by saying if I appealed I would have to go in front of a board of Doctors and tell them they were wrong... and then I could get nothing. I didn't want to check the block just saying take another look.... I'm glad I didn't. I contacted NVLSP and they set me up with a lawyer to prepare my packet. They created a substantive brief pointing exactly where they went wrong, and multiple ways in which they should have arrived at a higher rating. I was so impressed when I read their brief. I know I could not have submitted that extensive of a brief on my own...

long story short (too late :)... my PDBR was successful as I was upgraded to 30% I don't believe I would have gotten it without NVLSP.
 

pittpan2005

PEB Forum Veteran
#12
Contact NVLSP BEFORE a decision is made, or even better before you submit a packet. This is what I did and I think it was the best move. the PDBR is final, you do not have appeal rights. Yes there are a few cases that have gone to court and been remanded back to PDBR because they did not follow procedural rules... but this is a very narrow opportunity IF you can find a very specific procedural violation. The most important thing is to get the packet right to begin with. I waited almost 2 years to submit my DD-294 because I wasn't sure what to write. I knew in my gut that I wasn't treated fairly by the PEB, but the PEBLO scared me by saying if I appealed I would have to go in front of a board of Doctors and tell them they were wrong... and then I could get nothing. I didn't want to check the block just saying take another look.... I'm glad I didn't. I contacted NVLSP and they set me up with a lawyer to prepare my packet. They created a substantive brief pointing exactly where they went wrong, and multiple ways in which they should have arrived at a higher rating. I was so impressed when I read their brief. I know I could not have submitted that extensive of a brief on my own...

long story short (too late :)... my PDBR was successful as I was upgraded to 30% I don't believe I would have gotten it without NVLSP.
I am glad NVLSP worked for you. From my experience, their pro bono attorneys are lacking in experience and training. In good conscience, I would not recommend and seek out their services for MEB, PEB, or retroactive medical retirement help. But, that's just me.
 
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