Physical Disability Board of Review Update

Hi Obie,

I saw the suspense date for submitting claims is Dec 31st, 2009. I was discharged in 2003 at 10%. It's been so long I don't even remember what i put on my DD-294 or what i sent in with it. I think i sent in my VA rating decision. I have been getting all my service connected healthcare at my VA hospital so they should have all that. I can certainly understand the wait, i am waiting with a lot of other vets for Post 9/11 G.I. Bill payments as well. Maybe the wait is good, i did call Randolph yesterday and a woman told me my case was still before the board which it has been since July, 7th 2009.
 
I just got my denail letter today.
I do not understand what standard they are using. it seems real simple to me the DOD gave me 20% the Va gave me 70% what is the problem.
I am totally devastated by this result.
the letter they gave me was just as bad. I shouldve known this was coming down on me.
I hope all of you get your results changed to retired. I will not let this stand even though the letter says I have no recourse left I will fight somehow someway.
Take care good luck to all of you.
John Falcetta
Sgt. U.S.Army(not retired thrown out like garbage)
 
jpfalcetta said:
I just got my denail letter today.
I do not understand what standard they are using. it seems real simple to me the DOD gave me 20% the Va gave me 70% what is the problem.
I am totally devastated by this result.
the letter they gave me was just as bad. I shouldve known this was coming down on me.
I hope all of you get your results changed to retired. I will not let this stand even though the letter says I have no recourse left I will fight somehow someway.
Take care good luck to all of you.
John Falcetta
Sgt. U.S.Army(not retired thrown out like garbage)
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John,

Sorry to hear that brother, Im with you, we are fighting this tooth and nail. Do you have Facebook? I have a group of supporters that would like to hear your story on there, as well as I have a website, usvetvents.ning.com if your interested on just venting about it. Hope to talk to ya soon.

Jon "Big Will" Williams
 
Randolph finaly got my records from the VA and sent them off to D.C. I'll let ya'll know if I go in the blender with the rest of ya'll.
 
Thanks for ansewring my previous questions Jason. Your response along with hammers have helped alot thanks.
 
Jwilliams61735 said:
John,

Sorry to hear that brother, Im with you, we are fighting this tooth and nail. Do you have Facebook? I have a group of supporters that would like to hear your story on there, as well as I have a website, usvetvents.ning.com if your interested on just venting about it. Hope to talk to ya soon.

Jon "Big Will" Williams
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Big Will,

whats your facebook link, I will add you bro
 
I feel very lucky that I got a favorible decision. I wish the best of luck to every one else that is waiting. Now I have to sit and wait again hopefully it wont be as long as the last time waiting for the PDBR. Now i have to wait orders from the army, notification from DFAS and something from the VA if it changes my disability status.
 
guntruckhammer said:
I feel very lucky that I got a favorible decision. I wish the best of luck to every one else that is waiting. Now I have to sit and wait again hopefully it wont be as long as the last time waiting for the PDBR. Now i have to wait orders from the army, notification from DFAS and something from the VA if it changes my disability status.
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Congrats bro Iam truly happy for you. Take care and best of luck. John
 
I just received my letter from the PDBR reclassifying my discharge to a retirement at 30%. I was discharged 2 years ago at 10% with the severance. I was a SSG with 10 years and received a significant severance payment that I am still paying back through my VA checks. According to the letter my retirement is retroactive to my date of discharge. Will I receive all of the money the VA has given back to the army? How will the offset affect repaying my severance? Will I be repaying my severance until I’m 80?
 
I just wanted to say that I am also very disheartend by the lack of justice that the Army has given. First they screw all of us then we have to go through it again just to get screwed again. I got my PDBR letter which gave me an additional 10% to give me a total of 20%. In my MEB I was given one peice of paper to look over out of 50. When i went on to my Ompf I found my MEB which stated that I had multiple unfitting conditions but since they were not list they were not going to ask about them. I was also told to not worry about it since the VA was going to take care of me. What a pawn and a crock of crap. I am looking for a lawyer to appeal it higher. I thought mine was in the bag. I had the proof written right in my MEB and still got screwed. I hope this does not dicourage everyone that is waiting but don't count on justice and the ARMY taking care of it's responsibility. I was also given 70% from date of discharge from the VA.
 
feasel79 said:
I just received my letter from the PDBR reclassifying my discharge to a retirement at 30%. I was discharged 2 years ago at 10% with the severance. I was a SSG with 10 years and received a significant severance payment that I am still paying back through my VA checks. According to the letter my retirement is retroactive to my date of discharge. Will I receive all of the money the VA has given back to the army? How will the offset affect repaying my severance? Will I be repaying my severance until I?m 80?
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that is the million dollar question. i think they will still recoup the difference between your severance and what your retirement would have been. i had over 10 years in and was an e6 as well. what was your dockett number?
 
I opened my mailbox today (Monday) and there was a letter from the Army Review Boards Agency. I was almost afraid to open it.

But on opening it I found that the PDBR had convened on 28 July 2009 to review my case. On 31 April 2009 they issued their decision.

"The board recommends the CI's prior determination be modified as follows and that discharge with severance pay be recharacterized to reflect permanent disability retirement, effective the date of the CI's prior medical separation"

The recommendation was forwarded by the president of the PDBR on the same date, 31 July 2009. It was sent to the Army Review Boards Agency.

On 30 SEP 2009 the Army Review Boards Agency concurred with the PDBR and sent a memo to me stating the following:

"I accept the recommendation of the PDBR to recharacterize your separation as a disability retirement with the combined rating of 30% effective your date of medical separation...please allow DFAS time to adjust your pay records reflecting your change in status...due to the large number of cases this may take some time...A copy of this decision has been forwarded to the VA."

Signed by the Deputy Assistant Secretary Army review Boards.

Just as a reminder I was originally separated with DJD Arthritis in my Lumbar Spine and Arthritis and DJD in both knees. Original Army rating 10% for back and 0% for each knee. Original VA rating 30% for the same conditions and another 10% for severe sinusitis. Total VA 40%. The MEB only considered my knees and back.

The PDBR concurred with the 10% back and added 10% right knee and 10% left knee plus a bilateral factor. Total was 30% using VASRD fuzzy math.

But I am now officially retired. I am still in complete shock. That and I was just married this weekend to the sweetest most gentle women I have ever met. I still keep reading that letter because I well and truly expected them to upgrade my 10% to 20% and screw me again. But they didn't.
 
But I am now officially retired. I am still in complete shock. That and I was just married this weekend to the sweetest most gentle women I have ever met.
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Sounds like you've had a great past week, congratulations on the retirement and marriage!
 
I am travelling for a Formal PEB hearing, but I wanted to post an update on my first response from the PDBR.

I cannot provide many details on the particulars of the case as it is a client matter. But the PDBR responded favorably to the application I submitted, granting permanent disability at 70% for my client. This was an increase from an original 10% rating. It took approximately 9 months for the case to be processed and to receive a decision.

Later this week, I will post some of my thoughts and comments on what went into a successful PDBR application.

For those of you waiting for your results, I hope you get the outcome you want. For those who have been denied, I would say that if your case has merit, keep up the fight.
 
wilsonle61,

Congratulations on your retirement and your marriage!
 
Jason, I hope you can help me. I was active duty army from 1986 to 1990. I then joined the Ohio National Guard in December of 2006 and became AGR in June 2007. I was on ADOS orders from February 2007 until I got my AGR position. Here is my problem. While on duty I was injured moving medical files (herniated disc L5-S1). I went through many therapies to work through this and received a permanent profile from the military. Last month I was moving more heavy boxed files and strained my back again. I had another MRI and this time the findings were: DDD, Spinal Stenosis, Ankylosing spondylitis, spondylolisthesis instability and incapacitating episodes. I was immediately sent to a Neurosurgeon, who based on my previous therapies, stated I needed Lumbar fusion surgery and a laminctomy. I just had the surgery and I am off work for six weeks. I am administration. Now, my unit is telling me I need to go for a fit for duty. My total active duty time for pay purposes is eight years in Feb. 2010. I am up for reenlistment (1 year out) in December. My question, Is my lumbar fusion enough to keep me from reenlisting and if so, what type of disability can I expect to get? I have MRI pictures showing the progression of injury on my spine from 2007 to 2009, I did not have this prior to 2007 or when I enlisted. What can I expect? I am a hardworking E5, and my unit agrees, but my unit feels I won't be able to do the "Soldier" portion of my job anymore. Will I be eligible for anything? Thanks for your time.
 
Jason said:
I am travelling for a Formal PEB hearing, but I wanted to post an update on my first response from the PDBR.

I cannot provide many details on the particulars of the case as it is a client matter. But the PDBR responded favorably to the application I submitted, granting permanent disability at 70% for my client. This was an increase from an original 10% rating. It took approximately 9 months for the case to be processed and to receive a decision.

Later this week, I will post some of my thoughts and comments on what went into a successful PDBR application.

For those of you waiting for your results, I hope you get the outcome you want. For those who have been denied, I would say that if your case has merit, keep up the fight.
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Jason, how do I keep up the fight? where do I go? I went to my congressman and they basically pushed my butt out the door. there seems to be no further recourse for me. I do not have the money for a lawyer. basically for me it's done and I have to take it.
if there is a way help me someone. anyone. so far I have been all alone and gotten screwed repeatedly.
John
 
i mean it the paperwork says I have no furher recourse so how do I fight. They really screwed me over. AGAIN!
My case is a text freaking book case. 70% from the VA and 10% from the Army and they denied me.
so I am sorry to seem so agitated but my god i did everything right by the book my whole career and even after. How can this keep happening to me?
I can send you copies of my outcome which is total bunk.
I need help I may seriously lose what left of my mind after today
 
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