Physical Disability Review Board

[Orion69]

Jason,

I was medically discharged on July 12, 2007 for PTSD. The Army rated me at ten percent. The VA subsequently rated me at 50% effective July 13, 2007. I am applying to the PDBR as soon as it gets up and running. My question is this: Shouldn't the Army have rated me 50% and put me on TDRL? I have nine years of active duty and fourteen years for pay purposes (due to my reserve and guard time). I would like to return to the military in a non-combat role. (Specifically as a physical therapist as I already have a degree in physical therapy.) Will the PDBR make determinations like this (that is, change my status to TDRL so that I have a chance to get better and finish out my military career). Or will the PDBR only make decisions on what they believe my final rating should be? Thanks man!!

Kevin

[Jason]

Kevin,

I think the Army should have placed you on TDRL based on VASRD (38 CFR) Section 4.129. The 2008 NDAA, effective date Jan 28, 2008, made this clear that the VASRD applies to military disability cases. However, I believe that the law required this before. I don't know how that would play out on appeal, but I think it should apply.

The only hints we have of what the PDBR will look at is the DoD Instruction 6040.44. The AF, as the lead agency, still has to implement its regulations (and I am hoping that this does not then require the other Services to implement their own...but this seems likely, too). The DoDI only talks about recommending recharacterization of separation to retirement, increasing ratings, or making no change. It is silent on TDRL findings. So, we don't know yet how that would play out.

I will, of course, post more as the regulations are published and the board is up and running.

[Orion69]

Jason,

Thanks for the reply. You really have created a valuable resource with this website. I will post the results of whatever happens in my case.

Kevin

[trevor]

i was seperated with 20% combat injuries recieve in iraq, from the fort stewart med battalion in 2004, i was medivac out of iraq for injury, other injuries such as my lower back was not put on my peb report, even though the treating doctor at fort stewart georgia med hold, said was should have been boarded for it,i was a army reservist,rank E5, i was given $32000, for serevance pay and told to take a hike, my civilian job was as law enforcement officer, which i lost due to my combat injuries, after applying for compensation from the v.a, they the v.a. recoup the $32000 from me even though i was given 50 percent for ptsd, of which the army med board just gave me 10% and another 10% for knee injury, the va, then increase the 50% to 70%, plus i recieve 20% for lower back injury, , i was homeless for about six months while the va recoup the money the med board gave me, wife left me, had no money for about six months , only to find out that i should have recieve a medical retirement from the army and a higer percent for the ptsd, pus the other combat injuries i recieve in iraq, the only thing i got that they the army did not take back was the purple heart medal, that i was awarded almost two years later for in juries recieve in iraq, i am missing out on the benefits that a medical retirement brings how do i go about getting a review, i dont have the money to take the army medica board to a civillian court, i have children but a lot of debt created those six months while i was not getting paid from the v.a. i would like to have the medical retirement i deserve, plus retro pay.lookinf forward to your answer,, you can email me at drrck_nthony@yahoo.com i need some answer, and help

[Jason]

Trevor,

It is good to have you here! I am sorry to hear all that you went through. You sound like you will benefit from the Physical Disability Board of Review. It should have been up an running in July, but they are late. However, I suspect it will be a matter of weeks or months and it will be up. Keep checking back for updates here.

One thing I want to point out. Though it is often times advisable to go through admin appeals (for a variety of reasons) before suing in Federal Court, in many cases, for suits in Federal Court, there are Equal Access to Justice Act monies available to pay lawyers fees if you win your case.

If you cannot work, have you applied for Social Security?

[Orion69]

Jason and trevor,

This is the type of reprehensible behavior that drives me crazy. Trevor should have been medically retired...period, end of story!! I too have been victimized by the government's extremely unfair practice of recouping my disability severance. I, like trevor, could not go back to my previous civilian occupation because of my combat injuries (I am a licensed physical therapist). I am attempting to go through vocational rehab but I do not have enough money to pay my bills because of the recoupment. (I am 90% rated by the VA but because of recoupment I only receive $250/month of that.) Voc Rehab only pays you about $550.00 per month stipend while you are doing that. The combination of deliberate under-rating of enlisted service members and the unfair practice of recouping disability severance pay is creating a "perfect storm" of financial hardship for members discharged prior to January 28, 2008. What was the purpose of changing this law if they were not going to make it retroactive to at least 2001?? It was political theater at best!!! Congress needs to go back and make this provision retroactive to 2001. I wonder how many trevors are out there that this law has hurt?
trevor-things you need to do: apply for social security disability immediately, get an experienced social security disability lawyer who can help you through the process (they don't get paid unless you win). For the longer term you need to apply for vocational rehab through the VA so they can help find and train you for a new career. The VA has people that will help veterans find jobs in the VA system, especially disabled veterans. Also, you need to find your local Vet Center and go there. They will help you with a lot of things such as counseling for your PTSD, help finding a job, and just general support. trevor, I will pray for you man, this country owes you a lot and they must honor their promise to take care of you and your children. You definitely need to apply to have your case reviewed by the PDBR. There is a group called Lawyers Serving Warriors that will represent you in this process for free. You should contact them now. Just remember, the PDBR will only rate you for your PTSD and your knee, they cannot add in your back injury unfortunately. Good luck to you man.

Kevin

[Orion69]

Jason,

Should I apply to the Army Board of Corrections to see if they will go back and put me on TDRL?? Will this ruin my chances of later applying to the PDBR if the ABCMR does not put me on TDRL? My first choice is to go on TDRL and try and get back on active duty. My second choice is to get them to medically retire me. Should I try ABCMR first or does that negate the opportunity to use PDBR? Thanks for any help you can give. Please spread the word about Lawyers Serving Warriors!!

Kevin

Originally Posted by Jason

Kevin,

I think the Army should have placed you on TDRL based on VASRD (38 CFR) Section 4.129. The 2008 NDAA, effective date Jan 28, 2008, made this clear that the VASRD applies to military disability cases. However, I believe that the law required this before. I don't know how that would play out on appeal, but I think it should apply.

The only hints we have of what the PDBR will look at is the DoD Instruction 6040.44. The AF, as the lead agency, still has to implement its regulations (and I am hoping that this does not then require the other Services to implement their own...but this seems likely, too). The DoDI only talks about recommending recharacterization of separation to retirement, increasing ratings, or making no change. It is silent on TDRL findings. So, we don't know yet how that would play out.

I will, of course, post more as the regulations are published and the board is up and running.

[commosgt]

Jason, some how i found your site via the Veteran Benefit Network and was very curious. I have been a member of the VBN for a long time. I was many of the soldiers let go after 9/11 being unfit for service. I was discharged medically with only 10% rating. Six months after discharge I received 70% and then 3 years later bumped to 80%.

I have been watching to see if you had any updates on the PDRB as I am sure I fit the build to have my files reviewed by the AF. Do you have any updates on this issue as well as whom to contact about this. I have tried calling DOD and the Army and AF about this and I never get a reply or call from anyone.

I have enjoyed reading the post's as well as your hard work keeping everyone up to date on what is going. Your a true All-American.

[Jason]

commosgt,

Great to have you here! Thanks for the kudos, though, I feel that even though I have left our great Army, I still have an obligation as a leader to help others where I can. I do what I can...

It irks me to no end that they still have not stood up the PDBR. Keep checking back, as soon as they publish the regulations and stand up the board, I will be posting more (both here and on VBN). I also suspect that if the PDBR shapes up as I suspect it will, I will likely be suing about the deficiencies in the scope of their review.

You do sound like you will be able to benefit from the PDBR. An important issue to keep in mind is that your review in Federal Court may be limited after 6 years post discharge. How many years since you were separated?

You are right, without commo, nothing much happens!

[commosgt]

Jason, I was discharged July 18, 2003. My orthopod and neuro doc told me if i wanted to walk my daughter down the aisle it is time for me to go home in which i took his advice. I was still on a cane for almost three years after discharge but I am walking. It takes time to heal. Enough of the old soap box. Keep in touch and keep doing what your doing. The soldiers that are dealing with this I am sure are very grateful. I wish I had exposure of this site as well as the VBN prior to being discharged it would have a made a difference in my fight. But no regrets. Take it from this old Soldier you guys and gals keep the fight going. Don't give up!

HOOOAH!