Physical Disability Review Board

[Jason]

commosgt,

Will do! I hope at some point they get the military disability process right and I can focus on other things...but as long as they are doing things wrong, I will be working on this issue.

I would say you should definitely keep up with developments with the PDBR. We don't know how long it will take to apply and get an answer from the PDBR. But I want to leave you with one other thing....If you get closer to the 6 year mark (probably in about 6 months) you may want to consider filing a protective lawsuit (basically, you would file to protect the right to sue and then ask for a stay while the PDBR admin appeal works its way through). This is a bit of a complicated issue, so you should talk to a lawyer when you get closer to the time where you need to make a decision.

I hope you can share some of your experiences with other posters here, either with the military or VA process...it is good to see a VBNer here, too!

[RikersIsland1]

filing a protective lawsuit (basically, you would file to protect the right to sue

Say what? I thought the Feres rule prevented suing the Govt. Please explain Jason.

[Jason]

The rule, encompassed by Feres doctrine for servicemembers, is that the government can only be sued if it has waived sovereign immunity (the old idea that the King or the State cannot be sued unless it agrees to it). The Feres case basically stated that for Servicemembers, the government has not agreed to be sued.

In military disability cases, the government has waived immunity under the Military Pay Act. So, if you otherwise meet the jurisdictional requirements of the court, you can sue.

This was a simplification, but hopefully explained it enough to make sense. In the Library section there are a number of cases where Servicemembers sued under this theory....look at the Rominger case, Martinez, or any of the others and look where they talk about jurisdiction. Warning, you may want a large cup of coffee before reading.

[RikersIsland1]

In military disability cases, the government has waived immunity under the Military Pay Act. So, if you otherwise meet the jurisdictional requirements of the court, you can sue.

Didn't know that. Thanks Jason.

[Orion69]

Jason,

I have to agree with commosgt, you are doing the work of a TRUE American patriot. I have been to your website and you answered my question quickly by email. I looked at your fee structure and I wish I had hired you when I was going through my MEB/PEB. I hired a lawyer who did very little for 5K (I did most of the work!!). Anyway, thank you for what you are doing, I hope you know that you are appreciated by us combat vets!!!

Kevin