When were you discharged?
A PDBR review requires a PEB rating. If the PEB stated you were EPTS, then you did not receive a PEB 0% rating but rather a “no rating”. As such you are not eligible for a PDBR review as that requires a 0%, 0% or 20% PEB rating.
However, you can ask for a review under the Disability Review Board process under 10 USC 1554 (below). Just this year, the law was changed and enlisted can apply for the disability review board which specifically addresses cases for those discharged for disability without disability compensation, which EPTS cases are.
The good thing about the disability review board is that it is an actual board and they must address the issues you raise. The BCNR rarely grants in person boards. Plus if you don’t like the results of the disability review board you can take the issue to the BCNR but you cannot go to the disability review board if you go to the BCNR first.
You also have to be aware of the six year statute of limitation for taking the issue to federal court. If you are near that deadline, contact Jason for a way to preserve you ability to go to federal court if the administrative board results are unfavorable.
The law was changed in late 2008 requiring PEB EPTS determinations to overcome the presumption of service connection and service aggravation with clear and unmistakable evidence if the condition was not noted on your entry physical.
Mike
10 USC 1554. REVIEW OF RETIREMENT OR SEPARATION WITHOUT PAY FOR PHYSICAL DISABILITY
(a) The Secretary concerned shall from time to time establish boards of review, each consisting of five commissioned officers, two of whom shall be selected from officers of the Army Medical Corps, officers of the Navy Medical Corps, Air Force officers designated as medical officers, or officers of the Public Health Service, as the case may be, to review, upon the request of a member or former member of the uniformed services retired or released from active duty without pay for physical disability, the findings and decisions of the retiring board, board of medical survey, or disposition board in the member’s case. A request for review must be made within 15 years after the date of the retirement or separation.
(b) A board established under this section has the same powers as the board whose findings and decision are being reviewed. The findings of the board shall be sent to the Secretary concerned, who shall submit them to the President for approval.
(c) A review by a board established under this section shall be based upon the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.