PDBR Process Help

John.Carroll1982

New Member
Registered Member
Hello All
My PDBR case was "recently adjudicated and is currently in the final PDBR processing" I received this via email in March of 2019. I was given a PDBR # in 2018. via mail. I filed my case and submitted my DD Form 294 in March of 2007. How do or who do I contact to find out a update? there used to be a website where you were able to put in you PDBR # and see an update, that web site is no longer in existence
also if there was a change would the back pay be to 2007 or 2018?
Any/ all help is appreciated

Thanks
John
 

visserjr3

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hello All
My PDBR case was "recently adjudicated and is currently in the final PDBR processing" I received this via email in March of 2019. I was given a PDBR # in 2018. via mail. I filed my case and submitted my DD Form 294 in March of 2007. How do or who do I contact to find out a update? there used to be a website where you were able to put in you PDBR # and see an update, that web site is no longer in existence
also if there was a change would the back pay be to 2007 or 2018?
Any/ all help is appreciated

Thanks
John
Welcome to the Forum! If I understand it correctly, the PDBR emailed you that your case was adjudicated and finishing processing with the PDBR. Once they are done with it, which by now they likely are, it is sent to your branch of service. There, the Secretary will review and approve or overturn the recommendation and you will get a letter in the mail once the Secretary has signed it. The website for cases has been down for several months now unfortunately. As I understand it, if entitled to back pay, it would go all the way back to your original date of separation. Ron G is way better at explaining the money side of things, perhaps he or others versed in it can chime in. What was your branch of service? There are a few points of contacts on here, and I can provide them from the other threads.

John
 
Last edited:

RonG

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There is a “six year barring law” that limits claims more than six years aged. However, it is my understanding that a PDBR case can be retroactive for a longer period since the retroactive nature of the case is predicated on the actions of the board (not all cases qualify, see linked material). On the other hand,
here is a case that denied more than six years: PDBR & 6 year barring law case <—-LINK

An approval of a PDBR often results in retirement back pay. Unfortunately, that retirement pay must be reduced by the amount of VA compensation received.

@Jason Perry might be interested in this situation. In fact, he might have addressed it several years ago on this board. I’ll look for that discussion tomorrow.

Ron
 

RonG

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From April 2019:

[quote starts]
I just finished the entire PDBR process. Each branch is a bit different when it comes to the process. Air Force process is daunting. To answer a couple of your questions, once you receive your orders and new DD214 (could be DD215 depending on branch) you should proceed to your nearest military base and get your Retired ID card and dependent ID's if applicable. You will be updated in DEERS to retired status and at this point you can enroll in TRICARE.

I found it much faster to get my new orders and new DD214 on milConnect: Benefits and Records for DoD Affiliates under the DPRIS then wait for it in the mail.

Not sure about your backpay situation with what you have received from VA disability pay and if you are eligible to get concurrent receipt? The Barring Act (6 year rule you stated in your original post) is not a factor in backpay. I was back payed 14.5 years of retirement pay. [end quote]

Ref: post 9 at LINK <—-

Ron
 

RonG

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Referenced again: The Statute of Limitations: Don't lose your case before it starts <---LINK

Jason Perry's discussion concerning the six-year barring law is the clearest analysis (in my opinion) of how PDBR decisions are treated under the law.

[excerpt]

...This is an overview of the law regarding the statute of limitations in disability retirement cases as applied by the US Court of Federal Claims. This is not exhaustive (i.e., the facts of a particular case may change the analysis and in order to assess the law, one should consult with a qualified and experienced attorney); that said, the law regarding when the six year statute of limitations, as explained in the Friedman case, starts to run as follows:

“(a). The judicial claim for disability retirement pay does not accrue on release from active duty but rather on final action of a board competent to pass upon eligibility for disability retirement (or upon refusal of a request for such a board).

(b). Normally, the Retiring Board is the proper board, but where the claimant has not had or sought a Retiring Board, his claim does not accrue until final action by the Correction Board (which in that instance stands in the place of the Retiring Board as the proper tribunal to determine eligibility for disability retirement).” Friedman v. United States, 159 Ct. Cl. 1, at 24 (Ct. Cl. 1962)

The above sections basically mean that if you have had a PEB hearing, your six year clock will start upon discharge (the language used is somewhat confusing, but the claim does in fact start to run the clock on discharge when the member has had a PEB). If you do not have a PEB before discharge, your clock starts upon final action of a BCMR or PDBR decision (or refusal to hear your case).

However, in some rare cases, the BCMR/PDBR decision (or refusal to hear the case) may not be final, and thus does not start the clock.

“(c). A board's action (or failure to act) is not final if (i) the claimant has been misled, (ii) the board's decision is tentative and invites reopening, (iii) the armed service itself reopens the case, or (iv) there are other circumstances depriving the action or non-action of finality.” Id. at 24.

If you have not had a PEB, and you have a non-final BCMR/PDBR decision, you may be able to count the clock as starting from a later point in time. This is an exceedingly rare occurrence. Don’t count on it.

If you are discharged without a PEB and you apply to the BCMR/PDBR, later applications to the other boards generally will not “re-start” your clock:
“(d). Once a final decision is had, the claim accrues, the limitations period begins to run, and there is no tolling of the statute by reason of further applications to other boards or agencies (including the Correction Board).” Id. at 24.
“ (e). Once a final decision is had, adverse determinations by other boards, including the Correction Board, do not give rise to a new cause of action.” Id at 25.
One idea that sometimes confuses people is the idea of a “continuing claim.” An example of a continuing claim would be where you wait seven years and assert that, while the six years have past for the first six years of money due, you are still due the money in the seventh year and should be able to sue for that money. This is generally not the case in military disability law claims. Once you are past the six years, the court can’t hear the claim at all, so the seventh (and later years) do not give rise to a new “jurisdictional clock”:

“(f). A claim for entitlement to disability retirement status and pay -- of the type requiring discretionary action by a board and the Secretary -- is not a "continuing claim" but accrues as a whole (once it accrues). However, other types of pay claims not dependent on a board finding -- including claims for increased retirement pay because of new legislation, etc. -- are "continuing" claims.” Id. at 25.
The above section almost certainly will not apply to your military disability case. In the exceedingly rare instances where it might apply (most likely with a retroactive law), you should not count on this applying until you have the advice of a qualified attorney. I mention this section for completeness, but you should not consider it as a basis for extending your claim for military disability pay except in incredibly rare cases (for all intensive purposes, in these cases, it is a “unicorn;” I can't say it doesn't exist, but I have never seen one. Basically, I would think of it as not existing as a basis for extending past the six years from either discharge or action by the BCMR/PDBR. Again, consult an attorney for questions about this).

The main point of this article is that you must pay close attention to when your clock starts for filing suit to avoid being in the unfortunate position of having a valid claim that cannot be decided in your favor because you waited too long. Remember, while you file in the BCMR or PDBR, your clock is still ticking. In some cases, it makes more sense to appeal directly to the Court of Claims rather than wasting time by using one of the administrative boards. If, after careful consideration, it is advisable to still file an appeal with the BCMR/PDBR and the time is an issue, it may make sense to file a simultaneous claims in court and request a stay of the case while the administrative claims is decided.
[end of excerpt]

Ron
cc: @Jason Perry
 

John.Carroll1982

New Member
Registered Member
Thank you for all the info - I was in the Navy

I have emailed the PDBR asking for an updates, no update at this time,
Back story
I was medically separated with 10% disability, and was award separation pay, the separation pay was repaid in full before I started to recicieve the 10% from the VA

Hope fully I get some information back from the PDBR or Navy soon

any and all contacts you can send me to assist getting info is appreciated


Thank you
John
 

visserjr3

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Thank you for all the info - I was in the Navy

I have emailed the PDBR asking for an updates, no update at this time,
Back story
I was medically separated with 10% disability, and was award separation pay, the separation pay was repaid in full before I started to recicieve the 10% from the VA

Hope fully I get some information back from the PDBR or Navy soon

any and all contacts you can send me to assist getting info is appreciated


Thank you
John
The PDBR point of contact for the Navy is Ann Jones. Her email is below. Once it leaves the PDBR it goes to her. Once you know she has it, I would only inquire about every month or so. Best of luck!!

John

[email protected]
 
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