Won PDRB decision 18 years later now what?

VegasVet

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Now that I won PDRB 30% retirement and have new DD214 How long to I can expect to receive word on Back payment Nightmare to come? I have called DFAS and they have no info for me until they receive instructions to pay me. The VA took the first 3 years to pay off my Medical Separation pay and Im assuming I should at least get this money back. They told me then only reason I had to pay it back because I was Medically separated not medically retired at the time. I receive 100% now from the VA so Im assuming I wont be seeing any other money from the threads I read here. Seems like only difference going through all this B.S was for a blue card ID and tricare? Feel me in if Im missing another positive outcome.

Received Letter Feb 4 from Physical Disability Board of Review stating The following Below.

Correction of your military records as directed by the Secretary of the Air Force’s Designated Decision Authority has been finalized. In compliance with the PDBR Directive, the USFA Physical Disability Division issued retirement orders which announced your permanent retirement by reason of physical disability. Your original discharge order has been revoked as indicated in the attached AF IMT 973 document. A new DD Form 214, Certificate of Release or Dishcarge for Active Duty is attached reflecting retirement status.
If you discover errors on any of the attached documents, please contact the AF Total Force Service Center at 800-525-0102 and request to speak with the appropriate service component representative for corrective action (AFPC/DPFDD) for retirement orders,
(AFPC/DPSOR-214) for active duty DD Form 214.
The Defense Finance and Accounting Service-Clevelant Center has been notified of this corrective action. Direct any question concerning your retired pay to DFAS-CL/PRRABB, US Military Retired Pay, P. O. Box 7130, London, KY 40742-7130. Their customer service toll-free number is 1-800-321-1080. You should apply for military identification cards for yourself and any eligible family members, at the nearest military installation authorized to issue ID cards. When applying, provide a copy of the attached documentation.

National Veterans Legal Services Program (NVLSP) won case link
 

RonG

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Hello VegasVet,

Re: "Now that I won PDRB 30% retirement and have new DD214 How long to I can expect to receive word on Back payment Nightmare to come? I have called DFAS and they have no info for me until they receive instructions to pay me. The VA took the first 3 years to pay off my Medical Separation pay and Im assuming I should at least get this money back. They told me then only reason I had to pay it back because I was Medically separated not medically retired at the time. I receive 100% now from the VA so Im assuming I wont be seeing any other money from the threads I read here. "

1. "Pay off my Medical Separation Pay": You are not eligible for disability severance pay as a disability retiree, so none of the recoupment will to be returned to you. It would not have been paid to you in the first place if you had been medically retired.

2. Potential retroactive disability retired pay: Your retired pay would be reduced by the amount of the VA compensation received each month. Often such a reduction leaves zero retired pay. One might think, "I did not receive VA comp because it was used to pay off the disability severance pay." Actually, there was an accounting for the amounts generated by the VA, but instead of you determining how to use the funds, it was applied to the recoupment. If the VA did not use your VA comp to eliminate the debt, you would still owe it.

3. Others will be able to answer your additional questions. The value of TRICARE is enormous.

Ron
 

chaplaincharlie

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TriCare is a huge value. I am a Medicare recipient. Between the two insurance programs, I rarely have a copay, except for prescriptions which I receive via DoD's ExpressScripts program. My wife is still working and has several health plans. She pay more for office visits and RXs than I do.

Some members have been able to file claims for past medical bills with TriCare. So you may get some money from TriCare. Once the dust settles and you have applied for TriCare you might want to call their 800 number and talk about reimbursement. Keep all you medical bills, RX co-pays.... until then. I have no personal experience with the reimbursement process, so hopefully someone who has will chime in.
 

VegasVet

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Hello VegasVet,

Re: "Now that I won PDRB 30% retirement and have new DD214 How long to I can expect to receive word on Back payment Nightmare to come? I have called DFAS and they have no info for me until they receive instructions to pay me. The VA took the first 3 years to pay off my Medical Separation pay and Im assuming I should at least get this money back. They told me then only reason I had to pay it back because I was Medically separated not medically retired at the time. I receive 100% now from the VA so Im assuming I wont be seeing any other money from the threads I read here. "

1. "Pay off my Medical Separation Pay": You are not eligible for disability severance pay as a disability retiree, so none of the recoupment will to be returned to you. It would not have been paid to you in the first place if you had been medically retired.

2. Potential retroactive disability retired pay: Your retired pay would be reduced by the amount of the VA compensation received each month. Often such a reduction leaves zero retired pay. One might think, "I did not receive VA comp because it was used to pay off the disability severance pay." Actually, there was an accounting for the amounts generated by the VA, but instead of you determining how to use the funds, it was applied to the recoupment. If the VA did not use your VA comp to eliminate the debt, you would still owe it.

3. Others will be able to answer your additional questions. The value of TRICARE is enormous.

Ron
Thank You, Looks like time to move forward now. 8 years dealing with this topic has not been worth my time except now other Veterans can sue to overturn their PDRB decisions after I won the 1st court case with the NVLP assistance.
 

Waterboi

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Now that I won PDRB 30% retirement and have new DD214 How long to I can expect to receive word on Back payment Nightmare to come? I have called DFAS and they have no info for me until they receive instructions to pay me. The VA took the first 3 years to pay off my Medical Separation pay and Im assuming I should at least get this money back. They told me then only reason I had to pay it back because I was Medically separated not medically retired at the time. I receive 100% now from the VA so Im assuming I wont be seeing any other money from the threads I read here. Seems like only difference going through all this B.S was for a blue card ID and tricare? Feel me in if Im missing another positive outcome.

Received Letter Feb 4 from Physical Disability Board of Review stating The following Below.

Correction of your military records as directed by the Secretary of the Air Force’s Designated Decision Authority has been finalized. In compliance with the PDBR Directive, the USFA Physical Disability Division issued retirement orders which announced your permanent retirement by reason of physical disability. Your original discharge order has been revoked as indicated in the attached AF IMT 973 document. A new DD Form 214, Certificate of Release or Dishcarge for Active Duty is attached reflecting retirement status.
If you discover errors on any of the attached documents, please contact the AF Total Force Service Center at 800-525-0102 and request to speak with the appropriate service component representative for corrective action (AFPC/DPFDD) for retirement orders,
(AFPC/DPSOR-214) for active duty DD Form 214.
The Defense Finance and Accounting Service-Clevelant Center has been notified of this corrective action. Direct any question concerning your retired pay to DFAS-CL/PRRABB, US Military Retired Pay, P. O. Box 7130, London, KY 40742-7130. Their customer service toll-free number is 1-800-321-1080. You should apply for military identification cards for yourself and any eligible family members, at the nearest military installation authorized to issue ID cards. When applying, provide a copy of the attached documentation.

National Veterans Legal Services Program (NVLSP) won case link
What is blue card id
 

RonG

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What is blue card id

ID Cards.

Green - Active duty (issued only when the Common Access Card is not available), depending on location; Member of Individual Ready Reserves or Inactive National Guard.
Blue - Retired members of the U.S. Armed Forces. ... Red - Retired members of the Reserves and National Guard under the age of 60 (Gray Area).

Ron
 

Spike0311

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So after the dust settles.....i already paid my severance pay through the VA and i get money from the va since 2007....what money left would i get if i win my case?
 

RonG

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So after the dust settles.....i already paid my severance pay through the VA and i get money from the va since 2007....what money left would i get if i win my case?
Your average high three base pay from the time you separated multiplied by the DoD disability retirement percentage and increased by the COLA adjustments since then (each year would have a separate computation) = retired pay

The retired pay would be reduced dollar for dollar in the amount of VA compensation received. That could result in zero retired pay remaining.

If eligible for CRSC and approved, it could replace some of the reduced/lost/offset retired pay. See this LINK <--- for CRSC info.

Ron
 

Spike0311

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Registered Member
That sucks....i wont be eligible for crsc either....well at least i can get tricare ....thanks for the info
 

MELENDEZ05

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Hello VegasVet,

Re: "Now that I won PDRB 30% retirement and have new DD214 How long to I can expect to receive word on Back payment Nightmare to come? I have called DFAS and they have no info for me until they receive instructions to pay me. The VA took the first 3 years to pay off my Medical Separation pay and Im assuming I should at least get this money back. They told me then only reason I had to pay it back because I was Medically separated not medically retired at the time. I receive 100% now from the VA so Im assuming I wont be seeing any other money from the threads I read here. "

1. "Pay off my Medical Separation Pay": You are not eligible for disability severance pay as a disability retiree, so none of the recoupment will to be returned to you. It would not have been paid to you in the first place if you had been medically retired.

2. Potential retroactive disability retired pay: Your retired pay would be reduced by the amount of the VA compensation received each month. Often such a reduction leaves zero retired pay. One might think, "I did not receive VA comp because it was used to pay off the disability severance pay." Actually, there was an accounting for the amounts generated by the VA, but instead of you determining how to use the funds, it was applied to the recoupment. If the VA did not use your VA comp to eliminate the debt, you would still owe it.

3. Others will be able to answer your additional questions. The value of TRICARE is enormous.

Ron
Ron,
Who do I get to help me with the PDBR process? I think I might qualify as I was med boarded out with a zero percent rating in 2003. I am now 100% service-connected, but lost my career.
I have known about PDBR for a few years now, but reps and disability attorneys around here are clueless. I need help. Is there anyone nationally that can help me?

Please advise.

Thank you,
-Alfredo
 

RonG

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Ron,
Who do I get to help me with the PDBR process? I think I might qualify as I was med boarded out with a zero percent rating in 2003. I am now 100% service-connected, but lost my career.
I have known about PDBR for a few years now, but reps and disability attorneys around here are clueless. I need help. Is there anyone nationally that can help me?

Please advise.

Thank you,
-Alfredo
Hello,

Here is a link to PDBR info: LINK <----

Correction to military records info: LINK <----

Many choose an attorney with that experience. I think @Provis might be able to provide the names of two if you send him a private message.

A veterans service officer might be able to help, but an attorney would be best in my opinion.

Good luck,
Ron
 

robins

PEB Forum Regular Member
PEB Forum Veteran
Ron,
Who do I get to help me with the PDBR process? I think I might qualify as I was med boarded out with a zero percent rating in 2003. I am now 100% service-connected, but lost my career.
I have known about PDBR for a few years now, but reps and disability attorneys around here are clueless. I need help. Is there anyone nationally that can help me?

Please advise.

Thank you,
-Alfredo
One thing you need to remember is that being 100% now doesn't matter from the PDBR or BCMR process. Was your VA rating for your unfitting condition 30% or more at the time of separation? That is what the PDBR is really reviewing. If your VA rating was 10% for example in 2003 but you slowly had increases over the years to 100% they wouldn't grant you retroactive retirement. You have to prove that the rating at the time of separation should have been higher than 30% for the unfitting conditions or you have to prove that you had additional issues that should have been considered unfitting and rated but weren't.

I 100% agree with Ron that a private attorney is worth it if you are going to fight that far back because you may only get one more shot at this and want to make sure that you make the correct argument.
 

MELENDEZ05

PEB Forum Regular Member
Registered Member
One thing you need to remember is that being 100% now doesn't matter from the PDBR or BCMR process. Was your VA rating for your unfitting condition 30% or more at the time of separation? That is what the PDBR is really reviewing. If your VA rating was 10% for example in 2003 but you slowly had increases over the years to 100% they wouldn't grant you retroactive retirement. You have to prove that the rating at the time of separation should have been higher than 30% for the unfitting conditions or you have to prove that you had additional issues that should have been considered unfitting and rated but weren't.

I 100% agree with Ron that a private attorney is worth it if you are going to fight that far back because you may only get one more shot at this and want to make sure that you make the correct argument.
Robin's,
Thank you for your response.

Given your response, I think I have a case.
I was in a Military transport motor vehicle accident in the line of duty while in transport from the military hospital and that accident never received a LOD investigation. The only consideration that was given was to the initial injury that prompted the transport.

I am looking for a good attorney to discuss my options and possible outcomes.

Thank you,
-Alfredo
 

MELENDEZ05

PEB Forum Regular Member
Registered Member
Robin's,
Thank you for your response.

Given your response, I think I have a case.
I was in a Military transport motor vehicle accident in the line of duty while in transport from the military hospital and that accident never received a LOD investigation. The only consideration that was given was to the initial injury that prompted the transport.

I am looking for a good attorney to discuss my options and possible outcomes.

Thank you,
-Alfredo
I was med released from duty only on the consideration of my initial injury. I was being trsported back from a MEB appointment.
 

MELENDEZ05

PEB Forum Regular Member
Registered Member
I was med released from duty only on the consideration of my initial injury. I was being trsported back from a MEB appointment.
Will winning my claim get me access to tri-care? Are there crossover in benefits between 100% service-connected through VA and this potential retirement? Where is the value in a retirement pursuit?
 
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