PDBR Problems

seminole72

PEB Forum Regular Member
PEB Forum Veteran
I have been conducting some research on the PDBR and retroactive pay, especially for those who received severance.

It appears it might be in the best interest of the veteran to wait until the severance is all paid back to apply to the PDBR. When somebody gets placed on the PDRL it will be retroactive and the severance pay might be seen as an overpayment since it is taken out dollar for dollar for tax free VA compensation with the retirement being retroactive to the ETS date.

This is going to be a total cluster and cause heartache to veterans. I hope i am wrong. I have paid off most of my severance and was told by a VA rep that nothing would change for me. I guess i will never see my severance pay again. This is extremely confusing.
 
seminole,

There is some confusion on the PDBR, VA, and DOD concerning retro-payments for retirement and a payback of a severance pay. I am also confused about combat related injuries, which do not have to be paid back. What will the outcome be? How will DFAS handle these issues? Have those agencies taken these issues into consideration?

It seems that with the lack of knowledge that is surrounding the PDBR and BCMR, there would be a think tank that would have already addressed these possible problems.

VR,
Frank
 
It is hard to generalize as to how money will be paid out or recouped. There are just so many variables (combat -related, level of VA compensation, percentage of military disability, retired base pay rate). But, I would caution people against waiting if you are going to file with the PDBR...It is near daily that I talk with someone who faces challenges and may not be able to go to Federal Court after a bad admin board decision because they have gone more than 6 years from discharge.

This is a very complicated area and I am currently researching an issue with how the PDBR will fit into the framework of the statute of limitations. I will offer my thoughts on this in the future, but in the meantime, it think it is best to try to avoid this issue at all and ensure that within six years, you have filed in court if you do not already have a favorable decision before that time.
 
Here is a question that I have in regards to a plan of attack. I was rated at 20% (combat related back injury) in 2009 with severance and an initial rating of 40% from the VA. After submitting a NOD to the VA, I received an increase which amounts to 60%.

Before submitting my paperwork to the PDBR, should I continue to seek an increase in VA before sending application to PDBR? The reason I ask is that I spoke with a lawyer (LSW) who explained that seeking and receiving an increase from the VA would look favorable to the members of the PDBR.

I may not be displaying all of my information on this forum to allow for an accurate answer, however, any information would be helpful to me. I will also post my experiences as I progress with my application to the PDBR, VA, and other obsticales that I encounter. I would also like to say thank you to those who have provided information about their experience.

VR,
Frank
 
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