Ed,
My frustration stems from my advocacy in the 2005-2006 timeframe. There was a systematic machine set out to deny disability benefits to anyone the PEB/USAPDA did not deem worthy regardless of what the law and regulations stated. At that time an ABCMR employee contacted me with similar concerns on how the ABCMR was improperly adjudicating disability cases and was keeping book on them. It all came down to the USAPDA knows what they are doing and no one should question it.
I initiated an IG complaint that went nowhere, again centered on no one should question the great OZ that was the USAPDA, fueled by BS opinions from their legal counsel.
I contacted the Washington Post and the Army Times on the issues. Their 2007 stories broke the issues wide opened and disclosed the systemic fraud that was the USAPDA and dare I say the ABCMR bought in to the fraud hook, line and sinker. Anything that came out of the USAPDA was treated as gospel and became the basis for erroneous BCMR disability decisions. Your discreption of production goals for BCMR boards was a driver as well. BCMR boards can adjudicate a lot more cases if they just go with what the USAPDA said.
Much of the issues with the USAPDA have been corrected as have the processes with the ABCMR. However, only some of the past victims have the ability to fix their situations. The PDBR is overall a good vehicle but is limited in scope. The BCMRs were directed by DoD to follow the VASRD but only for cases that occurred from 9-11 forward. This leads me to conclude that for cases that occurred prior to 9-11, the BCMRs can still apply illegal, non VASRD rating criteria.
The Hordechuck V. US case from 1959 shows that the PEBs were systematically low balling cases with illegal, non VASRD criteria for 50+ years but only those wronged since 9-11 have been granted the protection of VASRD based ratings despite it being the lawful requirement since 1947. What is the sense of that other than to turn a blind eye on decades of past victims to save money?
Will the BCMR’s abide strictly by the VASRD criteria for pre 9-11 cases and, if not, why not?
Mike
My frustration stems from my advocacy in the 2005-2006 timeframe. There was a systematic machine set out to deny disability benefits to anyone the PEB/USAPDA did not deem worthy regardless of what the law and regulations stated. At that time an ABCMR employee contacted me with similar concerns on how the ABCMR was improperly adjudicating disability cases and was keeping book on them. It all came down to the USAPDA knows what they are doing and no one should question it.
I initiated an IG complaint that went nowhere, again centered on no one should question the great OZ that was the USAPDA, fueled by BS opinions from their legal counsel.
I contacted the Washington Post and the Army Times on the issues. Their 2007 stories broke the issues wide opened and disclosed the systemic fraud that was the USAPDA and dare I say the ABCMR bought in to the fraud hook, line and sinker. Anything that came out of the USAPDA was treated as gospel and became the basis for erroneous BCMR disability decisions. Your discreption of production goals for BCMR boards was a driver as well. BCMR boards can adjudicate a lot more cases if they just go with what the USAPDA said.
Much of the issues with the USAPDA have been corrected as have the processes with the ABCMR. However, only some of the past victims have the ability to fix their situations. The PDBR is overall a good vehicle but is limited in scope. The BCMRs were directed by DoD to follow the VASRD but only for cases that occurred from 9-11 forward. This leads me to conclude that for cases that occurred prior to 9-11, the BCMRs can still apply illegal, non VASRD rating criteria.
The Hordechuck V. US case from 1959 shows that the PEBs were systematically low balling cases with illegal, non VASRD criteria for 50+ years but only those wronged since 9-11 have been granted the protection of VASRD based ratings despite it being the lawful requirement since 1947. What is the sense of that other than to turn a blind eye on decades of past victims to save money?
Will the BCMR’s abide strictly by the VASRD criteria for pre 9-11 cases and, if not, why not?
Mike