Physical Disability Review Board

[Jason]

This forum will cover the Boards mandated by the 2008 National Defense Authorization Act. The law states that DoD has 90 days to publish regulations regarding these Boards and when they do and we have more information I will publish it here.

This review will be another avenue of administrative review and may be an effective tool for challenging separation due to physical disability. Until they publish the regulations, it is impossible to know if this review will be advantageous to Servicemembers to pursue after discharge. Be sure I will offer my thoughts and analysis on how this relates to the overall process of challenging an erroneous rating decision.

[fdmckeever]

Jason,

This is great.

D

[Jason]

D,

Yes, I am reasonably confident that over the next few years we can shift the pendulum back towards getting a fair shake. The developments in the last few months are just the beginning.

This new review board will help those who went before in the process. Once the regs are out, I will be posting a thorough analysis.

[Orion69]

When will we get a chance to submit our cases for review? Will we be afforded representation for this, or will we be on our own (again) to figure out this hugely complex process?

[Jason]

Orion69,

The AF has to publish implementing regulations before you can apply. This wait is lousy, in my opinion, because Congress stated that DoD should have the board established by July 1. I suspect it will be between 1-3 months. This is a guess, but seems a reasonable amount of time for them to publish regulations.

Since this will be for those separated and not retired, legal counsel will be at no expense to the goverment (i.e., you have to pay out of pocket).

[Orion69]

Jason,

Thanks for the reply. I read the regulation and I fit into the category for the PDRB perfectly. I am hoping to find someone to represent me pro bono. I think I may have found a group that is willing to represent wounded warriors for free. I have stayed in touch with the PEBLO from Ft. Sill and he is keeping me informed as to when they start taking applications from service members to be reviewed by the PDRB. I sure hope they start doing it soon. Do you think that it would be best to find some representation for this or should I just go it alone?

Kevin

[Jason]

Orion69,

It never hurts to have qualified representation. Whether it is strictly neccesary, I think depends on many factors, including the complexity of your case and your comfort level and ability to communicate your appeal in writing.

By no means is legal representation neccesary in every case. I think, for example, cases where the Servicemember was rated after Jan. 28, 2008 for Sleep apnea with use of a CPAP machine under the old rating system in DoDI 1332.39 below 50%, the appeal should be straight forward. But again, it will really depend on the facts of your case and how comfortable you are in explaining your case.

I too am looking forward to the new boards getting up an running. I hope it corrects many of the mistakes made. Best of luck and let us know any questions.

[rangerchuck]

Jason,
Anything new on the Physical Disability Reveiw Board? I saw my VFW officer who has been working my disabilty paperwork with the VA, and he didn't seem to know anything about it. He kinda looked at me like I had a foot growin out of my head. LOL! I guess the service organizations are not hearing much either.

[rangerchuck]

Bump for Jason

[Jason]

rangerchuck,

The AF has not yet published the implementing regulations. This is late, in my opinion, as the law states the board should have been up by 1 July. DoD put out its regulation, but they made the AF the lead agency and so we have to wait for their regulations before the board will be up and running.

I will post as soon as I hear anything.