Physical Disability Board of Review Update

Hello, all. We got another letter today. It stated that all the initial paperwork and case creation was complete, and now my husband's records requests are with the Army (his original branch) and once received, we will get notification of the advancement to the next step. This letter was received approximately 4 weeks after our docket # assignment. (Docket # 79). While not much, at least they are informing us of progress through each step. Just thought I would let you know.
 
i smell a rat, my dockett# is 07, the dod-pdbr is too keen and letting us know each step of the process, this is the same dod,(army) dept who only gave out 0 to20% and seperate sericemembers who got injuried in afganisthan and iraq,,,things is going too smoothly at the dod-pdbr board in texas, something is very much not right, i think a lot of us, injuried veterans, form the two current wars, who got screw over by dod medical boards before, and who applied to the pdbr will be disappointed, as injuried veterans of the afganisthan and iraqi wars, we need to march on washington, and let president obama know that we will not be treated unfairly like the guys who got screwed after returning from vietnam
 
gelnhausen said:
this is the same dod,(army) dept who only gave out 0 to20%
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Since this is being administered by the USAF and not the Army, maybe we're just seeing organization that wasn't present in other branches. You may be right, but I'm trying to remain optimistic that since it is a hot issue, they are being pro-active by telling people where they are in the process, rather than get slammed with a million inquiries a day. I saw a number somewhere that around 9,000 service members at least need a review, so 9,000 x all of us asking once a month about status is a lot of headaches and phone calls saved if they just generate a letter each step of the way. I will be interested as it moves further to see if the docket #s are handled sequentially, or as the info is received back from each branch on each servicemember...
 
i am there with all disable veterans form the afganisthan and iraqi war, i got schafted also with a mere lousy 20% after been medivac from iraq, for ptsd and enemy mortar round blast injury, plus other combat injuries, i really dont have a trust of dod anymore, i was even awarded a purple heart for my injuries, and got 20% for combat injuries at fort stewart georgia. i am holding my breathe, but dod do not have our(disable veterans)best interest at heart, still i am keeping my fingers cross for my self and all disable veterans who applied to the pdbr, good bless.
 
I am there with you as well. I was wounded in Iraq by a mortar and then spent ten months in med-hold in the middle of no where(Natl. Guard). I was then put on TDRL after I flew to Ft. Lewis to appeal my MEB. I then lost my TDRL 2 years later after a 5 minute meeting with a airforce contract doctor? My point is don't give up, if the PDBR is not right, make those calls (Congressman, Senators, Generals, ETC). No answer is ever final! Don't be afraid to stand up and make your self heard.
 
just recieve a call from a fellow veteran(army) who applied to the pdbr and got the dockett # from one to 10, veteran is in texas, his spouse is uasf, at randolph airbase, was told that there is a double standard in the way the dod-pdbr is rating veterans who applied to pdbr, example two disable veterans got in injuried in afganisthan and iraq, both have same injuries, only difference is one was injuried in 2004, and the other was injuried 2008, both has ptsd cause by combat,however the one who got ptsd from combat in 2004, get only a 10% rating, the other veteran who got ptsd from combat in 2009 recieve a 50% rating from the peb, the present pdbr is only there to make sure the disable veteran who got injuried in 2008 got a fair shake, the disable veteran who got injuried in 2004 and recieve 10%from the peb, and who petition the pdbr for a increase in rating who continue to at the orginal rating diven by dod-peb, wow, this hits like a hammer, same wars diffrent time serving,yet different rating, how can we as disable veterans from iraq and afganisthan sit back and allow this to happen, where is the service organizations like iava, or vetsorg, who is suppose to be looking out for veterans from the iraq and afganisthan campaign?which idiot in washington came up with this idea?our families are the one who are suffering,because of lack of benefits that would have came from a medical retirement, like my self i have been unemployed since been seperated back in 2004, form the army with 20%, i havbe not work since due to ptsd, migranes, tbi, lower back injury both knees shot, tinnitus in right ear,all my injuries are combat related, yet i was only rated for ptsd witha 10%, and another 10% for menicus in right knee, all other injuries the peb did not rate me for, i was found unfit and seperated with severance pay which the v.a gladly recoup, making me homelss and my family left me and i am now divorce.i am now getting 100%unemployability from va. the army got off the hook, by screwing me over, something has to be done, we as veterans needs a leader to organize and march on washington, same war, same injury, same rating, NO DOUBLE STANDARD, its time to act
 
Mike,
THANKS!!!:D



maparker said:
Below is a posting I made on the DoD Heath Affairs website directed at Secretary Gates on the PDBR.

Mike


While I believe you are sincere in your commitment to wounded warriors, the actions of your staff shows a severe lack of commitment for doing the right thing for wounded warriors.

DoD has continually interpreted disability laws to do the least for the wounded warriors. It was this money first, soldiers last culture that lead to the Walter Reed problems and this culture is unfortunately still alive and well despite promises of reform. When it comes to disabled service members, there are only two things DoD will do; What they want to do and what Congress makes them do. DoD has not done much on their own and when Congress creates new disability laws, DoD continually interprets them so that they can delay, dilute or distort the mandate of Congress in order to save money at the expenses of wounded warriors.

The new Physical Disability Board of Review (PDBR) is a perfect example of this problem. Congress passed the law creating the PDBR in the 2008 NDAA. Congress did this because the disability evaluations system used dishonest, if not criminal, techniques to lower disability ratings below 30%. By keeping these ratings below 30%, DoD avoided having to pay disability retirement benefits. The PDBR was created to correct these bogus DoD disability rating determinations.

Since the PDBR law was signed into effect via the 2008 NDAA, DoD has done nothing but slow roll implementation and poison the PDBR process. DoD is clearly doing this to save money at the expense of our wounded warriors. How can you continue to state wounded warriors are your second highest priority if your staff continues to delay, dilute and sabotage the PDBR and other DES reforms?

Here are a few examples of PDBR problems:

1. Congress mandated in law that DoD would have the PDBR up and running by 28 April 2008. To date, the PDBR has yet to accept an application let alone review a case. Your second highest priority is getting very little priority from your staff.

2. DoD recently posted an update to the PDBR (MHS - Physical Disability Board of Review (PDBR)). Integrated into this announcement are DoD plans to further screw the wounded warrior. DoD has stated that if the PDBR process corrects the disability rating leading to higher disability benefits, they will not allow retroactive payments. This is absolute crap! DoD and the Services were getting away with dishonest, if not illegal, techniques to lower ratings and deny disability benefits. They got caught and Congress took action to correct the past. Now DoD is stating that if the PDBR determines a wounded warrior’s rating was not compliant with law, they will not make back payments to rectify the mistake. DoD has wired the PDBR such that the longer it takes them to get the PDBR up and running, the less money they have to pay to wounded warriors. DoD is already 6 months past the 28 April deadline established in law. Secretary Gates, is this really your intent?

3. When Congress created the PDBR, they stated the intent was “to review the disability determinations of covered individuals by Physical Evaluation Boards.” There were many “techniques” the Service PEB’s used to lower disability rating below 30%. Again, DoD has diluted the intent of Congress by limiting the PDBR to a review of just the DoD rating as compared to the VASRD rating criteria. They have prohibited the PDBR from looking at other factors that lead to artificially low disability ratings such as cherry picking which disabilities are deemed unfitting and rated. Your staff is once again doing the least possible for wounded warriors.

4. The DoD instruction for the PDBR indicates they will not be applying the legal requirement to rate unfitting conditions per the Veterans Administrations Schedule for Rating Disabilities (VASRD). It appears DoD will only rate conditions per the VASRD for decisions decided after 28 January 2008, the date the 2008 NDAA was signed into law. The law (10 USC 1201, 1203) and several court decisions have always required DoD to rate unfitting conditions per the VASRD. Instead, DoD and the Services created substitute rating criteria and policies (despite the fact the DoD General Counsel opinions stating such criteria was illegal) to avoid having to give ratings of 30% or more and paying higher disability benefits. Now it appears that DoD has arranged it so the PDBR can continue to apply illegal DoD substitute rating criteria and policies thus continuing to deny legally due disability benefits.

Secretary Gates, actions speak louder than words and your staff’s actions do not match your words. For the sake of wounded warriors, do something about it.

From November of 2005 to the September of 2006, I wrote several emails and letters and conducted briefings with Army and DoD DES officials illuminating grave concerns with the DES. They refused to do a damn thing about it. In September 2006 I wrote the Washington Post about my concerns and they in turn launched a four month investigation that resulted in the story you and the nation found so disturbing. You should know your staff new about the Washington Post involvement back to at least October 2006 when I personally notified DoD that I had contacted the press due to their lack of action. Again they refused to take any action and DoD and the Army took a big hit that could have been easily avoided by doing what all leaders should do; take care of the service members, especial those who become disabled while serving this country.

It has been almost two years since the Walter Reed story broke and I find that not much has changed in the DoD culture. I have found the only way to get DoD and the Services to do the right thing is to go to the press and expose them. It is truly shameful that the only problems that get fixed are those that get the attention of the press. It is a lesson I have learned and relearned over the past 3 years. The inaction and shenanigans of your staff compels me to redouble my efforts to expose wounded warrior issues in the press so that they can be properly addressed. Of course, I would very much prefer for DoD do the right thing the first time on their own.

The PDBR issue is just the tip of the iceberg of issues where DoD continues to do the least possible for wounded warriors. I am standing by to brief you on other DES issues at your convenience.


V/R,

Michael Parker
LTC, USA (Retired)
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My experience ith DOD is rather pathetic. Background on me is that I had an adverse reaction to the smallpox vaccine that caused permanent nerve damage to my stomach. I have not eaten a solid meal since June 08, 2007. I barely survive on liquids & fight daily with severe nausea, vomitting & abdominal pain. Basically I try to nourish/torture myself at the same time. NO medications have helped me with the nausea until this Dec. The fda approved a Sancuso nausea patch for chemo patients for their relentless nausea. Because my symptoms are disabling I was approved for the patch. It took the edge off, Helped me travel with less motion sickness. So DOD decides to renig on the approval last week. I am furious with the entire ass-backward beaurocratic system. I'm going directly to the manufacturer to see what avenues I can take. Do you believe this??? The only med that has worked out of 21 different med attempts!!
 
Twobrokenairman said:
Brothers and Sisters,

For those of you who do not know me my name is Michael Christian. I was medicaly discharged from the USAF for type 1 diabetes on March 17.2003. I found this forum and met Jason last year due to my wife is being med seperated for Fibromyalgia. I am truly grateful as there was nothing like this forum when I was med booted.

My point... I have filed DD 294 and mailed it in on February 24, 2009. Through the wonderful marvels of the U.S. post service and the Internet I know the PDBR has recieved my aplication on February 26, 2009. Just to reinforce the situation I only know this through the certified mail email option and have not been contacted by PDBR.

I have sent along with my 294 five items. These include:

Member DD214, Veteran Affairs Vocational Rehab Document, AF Form 356- Separation Document ,VA Form 3288 and, VA Decision award letter.

I have chosen to post the date I sent my application in order for us to establish a time line for how long the process takes. I will post again when I recieve my reply for intake.

I was originaly awarded 20% by the USAF and the VA awarded me 40% for my service terminating condition.

So, Let's do it to it!

Mike Christian
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Folks,

March 5th, 2009

I recieved a docket number of 190 today.

The letter was dated on March 2nd and the mail stamp on the envelope states the same.

So to recap. I mailed it out the 24th Feb and recieved an intake notice on the 5th of march.

Mike
 
I challenge everyone to reach out and let the media know what is going on with the PDBR and wounded vets in general. With the economy in its current state, the war(s) are back page news now. Don't let people forget! We need help from the VFW, DAV, etc. with the PDBR. This is a huge chance to have our decisions looked at and we need all the help we can get.
 
FINALLY YOU IRAQI AND AFGANISTHAN DISABLE VETERANS WHO RECIEVE 0 TO 20% FROM THE MILITARY PED BOARD(IN MY CASE THE ARMY PEB)ARE STATING TO WAKE UP, WE NEED MEDIA ATTENTION ABOUT THE CHEATING NASTY PDBR BOARD WHICH IS AN INSULT TO THE INJUSTICE WH ALREADY FACE BY THE PEB BOARD, WE NEED TO MARCH ON WASHINGTON SO THE AMERICAN PEOPLE CAN SEE THERIR SONS AND DAUGHTERS WHO SERVE IN IRAQ AND AFGANISTHAN AND WHO GOT DISABLE, BUT ARE GETTING SCREWED BY THE DOD-PDBR AGAIN . VETERANS ITS TIME TO STOP THE ACTION AND MAKE THINGS HAPPEN, OR WE WILL GO DOWN IN HISTORY JUST LIKE THE GUYS WHO FOUGHT IN VIETNAM AND RETURM HOME ONLY TO BE SCREWED OVER TIME AND TIME AGAIN. ITS TIME PRESIDENT BARAK OBAMA HEAR OUR VOICES AND SEE OUR INJURIES, LET MARCH ON THE WHITE HOUSE, AND WE WILL GET OUR JUSTICE. THE PDBR BOARD IS A REFLECTION OF THE MIULITARY PEB BOARD, LETS TAKE IT TO WASHINGTON.....VETERANS WAKE UP BEFORE ITS TOO LATE
 
Hello all,

I want everyone to know that I have been as bitter as anyone in here about the way DoD has treated us. However, we have to remain positive and fight for our rights. That's the only way anything is going to get done. I want everyone to know (if you don't already) that a class action suit was filed against the government in December 2008 on behalf of everyone who was medically discharged because of PTSD at less than a 50% rating. Now, I am not a lawyer and I don't want anyone falsley getting their hopes up, but I talked to the law firm involved in the case and they feel that Robert Gates already admitted that the military was not following the regulations in place when they discharged individuals because of PTSD with anything less than a 50% rating. Because of this, they feel that the case will move quickly and may not even have to go to trial. What does this mean? I'm not sure but I'm sure Jason will know. (Jason, I have a full copy of the court case involved if you don't already know about it.) This is a class action lawsuit and involves everyone who fits the criteria. Nevertheless, if you are interested in contacting the law firm involved, get in touch with Lawyers Serving Warriors. I, for one, am holding off on the PDBR review until the case is settled. Let's face it folks, this race is only going to be won by the people willing to outlast the pogues in D.C. I hope everyone here gets medically retired by the PDBR, but I'm not holding my breath. (Keep updating us on your progress if you have a PDBR case up for review.) Maybe we need to hire Jason as a group to represent a group of us?? Let's start thinking outside the box folks. I am willing to march on Washington but it would only work if we had very large numbers of individuals. It needs to be properly publicized and we need to do it right!! How about Memorial Day??? Be a good day to march with thousands of veterans!!!! Just a thought folks!!!

Kevin
 
Orion69,

I agree we need to remain positive. I also feel when this goes bad for me I am challenging the decision in federal court with hopefully the help of an attorney I know in CT.

I also agree a walk might be needed, but being bitter while doing this will only fuel the negative stereotype of the "angry veteran". I'm very angry but I am not going to scream at anyone just for this reason.

I will be posting every aspect including timelines for my process, and hopes this helps. I will soon be posting in the document section clean versions of all paperwork i recieve for my case. We NEED TO STAY TOGETHER (POSITIVELY). The goverments success in screwing us is our inability to form with out going crazy. Just think of us as the new BONUS ARMY (google it).

STAY POSITIVE!

Lets do it to it!

Mike
Orion69 said:
Hello all,

I want everyone to know that I have been as bitter as anyone in here about the way DoD has treated us. However, we have to remain positive and fight for our rights. That's the only way anything is going to get done. I want everyone to know (if you don't already) that a class action suit was filed against the government in December 2008 on behalf of everyone who was medically discharged because of PTSD at less than a 50% rating. Now, I am not a lawyer and I don't want anyone falsley getting their hopes up, but I talked to the law firm involved in the case and they feel that Robert Gates already admitted that the military was not following the regulations in place when they discharged individuals because of PTSD with anything less than a 50% rating. Because of this, they feel that the case will move quickly and may not even have to go to trial. What does this mean? I'm not sure but I'm sure Jason will know. (Jason, I have a full copy of the court case involved if you don't already know about it.) This is a class action lawsuit and involves everyone who fits the criteria. Nevertheless, if you are interested in contacting the law firm involved, get in touch with Lawyers Serving Warriors. I, for one, am holding off on the PDBR review until the case is settled. Let's face it folks, this race is only going to be won by the people willing to outlast the pogues in D.C. I hope everyone here gets medically retired by the PDBR, but I'm not holding my breath. (Keep updating us on your progress if you have a PDBR case up for review.) Maybe we need to hire Jason as a group to represent a group of us?? Let's start thinking outside the box folks. I am willing to march on Washington but it would only work if we had very large numbers of individuals. It needs to be properly publicized and we need to do it right!! How about Memorial Day??? Be a good day to march with thousands of veterans!!!! Just a thought folks!!!

Kevin
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Mike,

I agree with you 100%! If there is/was to be a walk we would need sound organization and a PURPOSE. The country is going through tough economic times right now, but the government/military has been ignoring the needs of the disabled veterans for decades (in good times and bad). I just wish it wasn't such a long, arduous process to get the benefits that we not only need but that we definitely deserve. I thank you for being willing to share the documentation of the process with us. I originally was "chomping at the bit" to get my case into the PDBR, but I decided (with the help of an attorney at LSW) to hold off for now and see how the board decides a few cases. (I also feel as though there are some issues in my case that should go before the ABCMR because the PDBR does not have the mandate to rule on them.) Anyway, I just wanted to let everyone know about the class action suit that was filed in December because it could have some far reaching ramifications for all of us if the outcome is favorable. Other than that, hope everyone in here keeps their spirits up. Never lose hope!!

Kevin
 
I sure hope the board works in our favor. It would be a great relief for me to finally have something positive happen. I was up for a job and I was denied it because I was medically discharged. I heard from someone in the know that they took it as if I were kicked out because I did something bad. I was hoping they would at least ask me about it but they just took it as if I was a bad apple. Please keep us notified on how that lawsuit is going, and I’ll notify everyone as soon as I get something back from the PDBR.
 
I just reciever my second letter from Randolph AFB. I like many of you just feel another screw job coming. I still do not understand why they wont review other injuries that the VA gave us compensation for. It just shows that the Branch of service missed that and screwed you. They wont admit that I guess.
I am hopefull that we all will get what we deserve, but I just get that sinking feeling inside. I think maybe everyone trying to get on the airwaves may be a good thing. I am going to send emails to some news organizations to see if maybe I can get someone to put me on the air. Why not let's all try to get the word out there maybe a march would do the trick as well.
Good Luck everyone
 
I already started emailing shows. I figure if the Veterans orgs that I pay to belong to cannot help maybe someone can. I have told them about the site and to check it out to see how things are for us. We need to get our stories out there. We all volunteered and served with pride. We deserve to be treated properly.
Thank you to all of you and good luck.
 
black sheep 1 said:
I sure hope the board works in our favor. It would be a great relief for me to finally have something positive happen. I was up for a job and I was denied it because I was medically discharged. I heard from someone in the know that they took it as if I were kicked out because I did something bad. I was hoping they would at least ask me about it but they just took it as if I was a bad apple. Please keep us notified on how that lawsuit is going, and I’ll notify everyone as soon as I get something back from the PDBR.
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The best advice for you I can give about the job interview thing is to say your contract has ended with military and that is why you are now out. Your DD214 still shows honorable. But still very foul news sorry you lost out.
 
i would like to apologise to any veteran who i offended in my blog on this site,because of the dod-pdbr board, and the article which was publish stating that veterans to be disappointed by pdbr board results, I am not the "angry veteran" yes i am very bitter because the dod-peb screw me over and booted me out with a meer loust 20%, 10% for ptsd and another 10% for right knee minicus, i serve my country like most veterans in iraq, and got injuried and was excepting to be taken care of by the same dod-army when sent me over to fight in iraq.since been seperated in 2004 after been medivac from iraq i have been unemployed, my life has been turn upside down in all ways, lost of family divorce, the va has awarded me 70% for ptsd alone, with 100% uunemployability, so i have a right to be bitter, no, i dont go around blaming others, or shouting down people, i thought the pdbr board was to correct the great injustice that the dod-peb done to my self and many, many other veterans. once bitten, twice shy. so like the dummy i am, i submitted my documents to the pdbr, thinking someone, somewhere, is finally looking out for the veterans from afganisthan and iraq who got injuried over there and is disable, or so i though, until i read the article about what the pdbr is up to AGAIN, which is NOTHING.Had i knew about lawyers serving warriors, who file a lawsuit on the behalf of the disable afganisthan and iraq veterans, i would not have submit my documents to the pdbr, so sitting back and waiting to be disappointed for the second time is not something i am looking forward to, if its the same system who rated us by using the same old dod-peb rating system, then we the disable will AGAIN recieve the short end of the stick, thats why i came up with the idea as disable veterans who got screw over to march on d.c and let the media and the american people know that we serve our country and got injuried doing it, only to be kick to the curve by the dod,a march is not a PROTEST, its simply a tool to draw attention to the great injustice that was done to us and to get the results that we deserve
 
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