Recently the VA sent a letter to me telling me I should apply for a PDBR review. My question is on the beginning eligibility date. My date of separation on my DD 214 is March 2001. But I was put on the TDRL list at that time and my final review from the PEB would have been well after Sep 2001. The instructions on the DD form 294 ask for date of seperation but the PDBR info chart says the date is based on "Medical separation 20% or less where member did not retire finalized between September 11, 2001 and December 31, 2009 (may be extended)." Could you please provide me guidance on how to fill out my form so my review will be properly looked at? Should I use the date of separation on my DD 214 or find the date my PEB was finalized? thank you
Little update. Email from the PDBR email said that if my PEB was after the date I am qualified (what worries me is he said 11 Sep 02). I think the 02 was simply a mistake?? I would still like to hear some opinions and advice from the forum. What worries me is my sep date on the DD214 is prior to 11 Sep 01. Could I be missing my last DD214, seems unlikely with all the work I have done on my VA status. My last known DD214 has the date I went to the TDRL. I was rated 40% there then after the PEB 20%. Then the VA rated me 100% immediately, later 30% additional for a connected condition to my service connection. I am also 100% SSDI
You should have received orders or something indicating the date you were removed from TDRL and separated with severance. This is the date I "assume" you would be using; the date retirement was denied or taken away. Below is the Marine Wounded Warrior Power Point, but should provide help with your questions. http://www.woundedwarriorregiment.org/documents/00015_322_PDBFactSheet.pdf
Does anyone know if this WAS extended? "Medical separation 20% or less where member did not retire finalized between September 11, 2001 and December 31, 2009 (may be extended)." My IPEB 10% w/ severance was in November 2010. EPS1717 VA 100% SC P&T
I emailed the PDBR asking if there were any exceptions or if I was in fact eligible for a review. This is their reply as of today... Sir/Ma'am, Unfortunately, based on your email information you are ineligible for the Physical Disability Board of Review (PDBR) because you were discharged outside the eligibility window. In order to be eligible for the PDBR you must have: 1) Separated from the Armed Forces between September 11, 2001 and December 31, 2009 due to unfitness (from PEB) for continued military service resulting from a physical disability; 2) received a combined disability rating of 20% or less (from PEB); and 3) was found not eligible for retirement (discharged with disability severance pay). Congress set these criteria in the National Defense Authorization Act of 2008; SEC. 1643; Title 10 United States Code, Section 1554a (Dignified Treatment of Wounded Warriors Act of 2008). Since this is law we cannot waive these criteria. We have no knowledge of Congress' intent to expand these eligibility criteria/dates for other Veterans. However, you can still apply to the Board for Correction of Military Records if you believe an error or injustice exists that should be corrected. Information regarding this process can be found at: Air Force BCMR - http://www.afpc.af.mil/afveteraninformation/faq.asp, http://usmilitary.about.com/cs/airforcebase/a/chgrecords.htm and http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf. Also see www.Health.mil/PDBR (see FAQs Table at bottom). With our utmost respect, Physical Disability Board of Review
JMHO: Applying to the BCMR is a rough way to go; think of it as taking those that made your decision to court. Burden of proof is on you that you should have been given a higher rating based on some error in the decision that was made or how the standard was applied (I'm sure there are other reasons). You'll need to really get your ducks in a row and I'd suggest getting legal assistance with it since you're talking about changing the characterization of your discharge.
I was honorably discharged, 10% w/ severance. After I was separated the VA rated me 90% based off of the same set of records. That's what 10 faithful years in the USAF will get you; and interest free loan you have to pay back with your disability compensation and a complete and total end to all of your benefits/career.
Eps, You didn't appeal your IPEB decision correct? That could have an impact on how you appeal/file suit if you choose to do that. Since you were Legacy the PEB wasn't and isn't bound by the VA rating for your unfitting conditon. I think it's a valid argument, but that would be up to the BCMR or Federal Court to decide. My suggestion is contact an attorney and speak with someone who "knows" the law. That way you're told your options from an expert, not us "wanna bees."
Good advice. I accepted the IPEB. I was hoping the PDBR would have been extended to include my case. I will have to file with the AF BCMR. Its a one time shot. Its going to have to be perfect. Hopefully I win.
