PDBR denial

For starters i apologize if this is the wrong place to post, but i want to say thank you to the people who run this place. I have found alot of great information, that i wish i had found earlier! but with that being said, here is my issue.

I served In the Army from 2004-2009 with a deployment to OIF 05-07 and was medically separated 01/19/2009 for a knee condition at DOD 10%. I was awarded a VA rating in August 2009, for 10% tinnitus, 20% bilateral knee issues and 30% PTSD for a total rating of 50%. At present, I am currently VA rated at 90% overall with a 70% rating for PTSD. In 2016-2017 had received a letter from the VA about being eligible for the PDBR process to review my MEB/PEB for potential upgrade since I was rated below 20% at separation due to how the DOD was treating separations at the time.

I filled out the form and sent it in 2017, and had a docket number assigned

I was more interested with the PDBR reviewing my MEB findings regarding the issue of PTSD which was diagnosed in service, but mischaracterized in my MEB/PEB findings at separation as “Anxiety and adjustment disorder"- not unfitting

I was diagnosed in service with having PTSD in 2007, by DOD mental health professionals, and by a civilian mental health specialist, in which I have a letter mentioning the diagnosis dated from the civilian mental health specialist of 12/14/2007. When I submitted to the PDBR, I unfortunately did not include this letter in my packet, as I had forgotten about it being packed away along with my other military records after 8 years of being out.

I routinely, and continually receive care for PTSD from 2007-present. I was unable to perform my duties as a combat engineer due to my knee conditions and due to PTSD, in which my commander wrote a statement dated on 15 July 2008 to that "I am unable to function as a combat engineer due to chronic ptsd." This letter is identified in an email that was included within my initial PEB/MEB proceedings.

In February 2020 I received the results of the PDBR, which the panel recommended no change in the PEB adjudication. More importantly, regarding the issue of PTSD, the panel concluded that the "MEB and PEB did not identify PTSD as a potential disability, albeit anxiety disorder and adjustment disorder were identified."

My entire reasoning for wanting a review in the first place from the PDBR was for them to look at the mischaracterization on my PEB findings regarding the incorrect mental health diagnosis at separation, because other than my knee injury, thats where i had the most trouble after deployment. It’s well documented that i was diagnosed with PTSD in my treatment records and thatt should have been on the MEB, and not adjustment disorder, I also believe the PDBR didnt consider any records from the VA regarding PTSD as well. The VA diagnosed, rated and treated me well within a year of separation of service.

My question is, where should i go from here? Is there any chance of the PDBR considering the letter i found regarding PTSD as new evidence? should i attempt to try the BMCR?

Thank You
 
Welcome to the PEBFORUM. Our host is Jason Perry.

The board may change the characterization of your service. But your conditions (10% tinnitus and 30% PTSD) are likely to be found fitting. You knees are a possibility, but at 20% your status would be medically separated vice medically retired.
 
Thank you, my main contention is that PTSD was mischaracterized on the PEB as a different medical condition that i wasnt really treated for, and therefore, the treatment records for PTSD were overlooked during the MEB phase. This entire process when i separated was very quick, and i dont believe very thorough.
 
Unfortunately what happened to you happened to many. That is an injustice. Hope you win, the process takes a loooooooooooong time
 
"I was more interested with the PDBR reviewing my MEB findings regarding the issue of PTSD which was diagnosed in service, but mischaracterized in my MEB/PEB findings at separation as “Anxiety and adjustment disorder"- not unfitting"

You are incorrect here all MH disorders are rated the same based on social and occupational impairment the specific diagnosis is irrelevant.

You claim that your MH diagnosis was severe and should have been included in the MEB but the VA rating you received six months after exiting service does not support that conclusion. You were given a 30% PTSD rating which is not really that severe I would bet most unfitting MH disorders from this board receive on average a 50-100% rating for MH. 50% probably the minimum for unfitting.

"It’s well documented that i was diagnosed with PTSD in my treatment records and thatt should have been on the MEB, and not adjustment disorder, I also believe the PDBR didnt consider any records from the VA regarding PTSD as well. The VA diagnosed, rated and treated me well within a year of separation of service."

The DoD only rates from your active duty time they do not review VA records and will not include progressions of diseases and conditions post service even within a year. Once again just a PTSD diagnosis doesn't make it an automatic MEB or unfitting condition the severity does.
 
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