Physical Disability Board of Review Update

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
Okay, then you would appear to qualify for the PDBR. A likely issue will be if your condition worsened while separated. If your condition worsened after your service, you would not normally be able to recover for that. So, you would need to focus on your condition while on active duty. I don't know how strong or weak your case is, but remember one thing...if you wait too long, you will not be able to sue in Federal Court. You have six years to file suit and the statute of limitations is not tolled (i.e., the time continues) by going to an administrative board. It would not be unusual for the board to take a year or more (I have seen cases take 18 months, and the speed is being impacted by the large number of cases being processed currently). So, keep that in mind. One possibility, if you were intent on pursuing your rights and keeping all of your options open would be to file a suit before your six years is up. This could be done after filing with the PDBR (or BCMR). Then, request a stay until your admin appeal is decided. The other option would be to sue directly without going to administrative board. One other thing to keep in mind. The courts will not look at new arguments - not raised at PDBR/BCMR - for the first time in court. So, it is very important that any appeal is comprehensive.

I hope all works out well for you if you decide to pursue this!
 

Datboi

Registered Member
Received 50% Retirement From PDBR!!

I am a member of the Sabo lawsuit. My packet has been at the PDBR since early 2010. I was medically discharged in 2007. The army gave 20% and a check and sent me on my way. The VA rated me at 80% and later deemed me unemployable. The VA gave me a rating of 50% PTSD and 50% for TBI. I have 3 other ratings of 10% each. Does anyone know if the military's computation of disability ratings any like the one the VA uses? Meaning, 130% is 80%.
 

ajmoe

Registered Member
How do you get your case reviewed?? Was active duty..medically discharged...can I appeal it or something to try to get changed to retirement? It's been about 10 years..and since..I have been found 100% disabled through the VA...any help be appreciated
 

Warrior644

PEB Forum Veteran
Registered Member
How do you get your case reviewed?? Was active duty..medically discharged...can I appeal it or something to try to get changed to retirement? It's been about 10 years..and since..I have been found 100% disabled through the VA...any help be appreciated
_______________________________***:D*** Happy New Year! ***:D***________________________________

Welcome to the PEB Forum! :)

Hopefully, other PEB Forum members with targeted experiences shall provide feedback to your specific inquiry soon. Take care! :cool:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes
 

visserjr3

Registered Member
How do you get your case reviewed?? Was active duty..medically discharged...can I appeal it or something to try to get changed to retirement? It's been about 10 years..and since..I have been found 100% disabled through the VA...any help be appreciated

Below is the link for the PDBR website explaining the process and eligibility requirements. There is also a link to the form (DD294), and instructions how to submit it and fill it out. I would spend some time reading the vast wealth of information on this forum regarding the PDBR and filing.

https://health.mil/pdbr

Also, a number of members have used a legal group for representation. I included a link for them as well. Full disclosure, I did not use them, but numerous people on this forum speak highly of them.

http://www.nvlsp.org/what-we-do/lawyers-serving-warriors/

Best wishes, and I hope this gives you a good start. Keep in mind, it is a long process. Most importantly, thank you for your service.

-John
 

rpenar

PEB Forum Veteran
Registered Member
Retirement approved. Received my certified letter and I was awarded 30% from the PDBR. I want to thank everyone for the support. I will read what's ahead from this site since I didn't want to read too much into it. I also recommend NVLSP (National Veterans Legal Services Program, and Lathan and Watkins for representing me. It's a longer process but worth the time. God Bless.
 

Warrior644

PEB Forum Veteran
Registered Member
Retirement approved. Received my certified letter and I was awarded 30% from the PDBR. I want to thank everyone for the support. I will read what's ahead from this site since I didn't want to read too much into it. I also recommend NVLSP (National Veterans Legal Services Program, and Lathan and Watkins for representing me. It's a longer process but worth the time. God Bless.
Indeed, congratulations; take care! :cool:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes
 

hseinfeld

Registered Member
Hey guys, not sure if anyone is still monitoring this forum, but my application to the PDRB was submitted September 2016, and today, April 3, 2018, I received my letter in the mail saying that the board is recommending a beneficial change, from 10% with sep pay to 30% with disability retirement.

My contention from the get-go was the 30% mark that the VA rated me at, and after 14 years from DOS, it is finally here.

My recommendation to keep current on your case is to keep in contact with the board via the email ([email protected]>). I did not start checking in with them until mid-2017, and in February 2018, I got the boiler plate "Your case is in final PDBR processing which includes an administrative review and final PDBR signature..." email. Now I have to wait for the determination letter from the board to get to the Dept. of the Air Force for SECAF to sign the MFR to get the next steps rolling.

For those who are still waiting in purgatory, I'll try to pop back in here and post updates on the time line and following steps.

Next steps: SECAF signature and SBP briefing (which is not even applicable to me).

Here are some links that may or may not have been previously posted:
http://boards.law.af.mil/AF_PDBR.htm
http://boards.law.af.mil/ARMY_DRB.htm
http://boards.law.af.mil/NAVY_DRB.htm
http://boards.law.af.mil/CG_DRB.htm

Sorry, I have no catchy siggie block.

H
 
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