What options do I have, if any?

codyp

Registered Member
#1
I was separated from the Army in 2009 for unknown chronic low back pain at 20%. During my boards I presented evidence (in the form of a written letter from my surgeon at Walter Reed) that my back pain was not unknown (it was from degenerative disk disease and 2 ruptured disks) and that I was a candidate for surgery (the board had indicated that I was not a candidate for surgery). Despite the evidence that I presented, I was scheduled to separate anyway. I had to contact my Congressman or Senator for their help so that my discharge date could be moved back far enough so that I could still have my surgery and physical rehab before I was kicked to the curb.

After appealing my VA rating that matched the Army, I was rated at 100% overall (in 2015), 50% of which for my back (they broke it into the original 20% for back and then they gave me 15% for each leg because of issues it caused in my legs and with walking).

In late 2013 or early 2014 I was instructed to apply to the PDBR by a DAV rep. I was told that there was a very good chance that my separation would be changed into a retirement by going through their process.

I received a letter from the PDBR stating that they could not help me because my case had already been reviewed by the reviewing authority at the Army in 2011. I know that another DAV representative had sent paperwork to a reviewing Authority in the Army at one time but I do not recall the specifics of the case.

According to the letter, I failed to appeal the Army's Review of my case within a year. I know that there is a statute of limitations for perusing Federal Court Cases (although I'm not entirely sure when the clock starts). I don’t know what options I have left if any.

Yesterday VA found out that I had actually fractured my spine in two places that caused the disks to rupture. I am going under major back surgery in the next 30 day through my stomach and back. I am willing to pay someone for help as long as the case is worthwhile.

Thank you for any advice that the community can give.
 

Kagey

Registered Member
#2
try valued veterans consulting group.
there are other groups that do this kind of thing but I've heard good things in particular about this one.
google that name or call them at 619-822-2070.
no, I'm not a client nor a rep for them. I just have heard other veterans stories about them.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#3
try valued veterans consulting group.
there are other groups that do this kind of thing but I've heard good things in particular about this one.
google that name or call them at 619-822-2070.
no, I'm not a client nor a rep for them. I just have heard other veterans stories about them.
Outfreaking standing.

If you don't get why this post is offensive as hell, I don't know what to say.

It makes me wonder why I bother.
 

Kagey

Registered Member
#5
what? seriously. yes. they are commercial, but he did say he is was willing to pay for services to try to figure out something. he wont get more from the VA than 100%. pdbr isnt beneficial in this case.
maybe getting someone else involved is the answer.
I'll let the original poster decide if it's offensive.
 

oddpedestrian

PEB Forum Veteran
Registered Member
#6
what? seriously. yes. they are commercial, but he did say he is was willing to pay for services to try to figure out something. he wont get more from the VA than 100%. pdbr isnt beneficial in this case.
maybe getting someone else involved is the answer.
I'll let the original poster decide if it's offensive.
There is so much help for free dealing with this why would you recommend some shakedown company?
 

Kagey

Registered Member
#7
I wasn't told about any resources when I started this, not 12 years ago initially and not now with the pdbr. if someone had given me ANY information or resources, I would have been grateful for an assist.

Mr. Perry, since I've offended you to your core, please remove me from this forum.
sweet jesus I was giving a resource not forcing anyone into a contract.
 

codyp

Registered Member
#8
Hi everyone. I apologize for not responding earlier. I didn't get any alerts and I didn't think to check until now. Anyway, I appreciate everyone's suggestions. The paid services are also appreciated because I haven't found anyone that could help me for free. If anyone knows someone or an organization that could help me with this for free, that would be my first choice. I'm not against hiring an attorney or pay for help but I'm concerned that it will not be worth the monetary investment; I'm not sure that the military retirement benefits would be worth what I would pay for representation since I am already 100% through VA. I admit that I'm not very familiar with disability retirement benefits but I'm guessing that I would be elligable for tri-care and probably a monthly check but if that check is for a couple hundred a month, backpay wouldn't even cover a $10,000 legal bill (that is the starting fee for one attorney I talked to).
 
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