Physical Disability Board of Review Update

TBObie said:
Black sheep you are correct. Called the board to see what the problem is. I presume that it is currently a CAC access only document and I made them aware. I will check back in a couple of days and everyone know their progress...that is in terms of the PDBR info on the AirForce Personnel Website.
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Thanks for the update
 
When the PDBR says that decisions are final, does that mean that you forclose the option to appeal to the Court of Federal Claims?
 
Called the board today and was told my case is being reviewed. No new info.


Hurry up and wait... I am no newb to hurry up and wait. Take your time fellas your still gonna need to put out back pay!
 
joinpobob said:
When the PDBR says that decisions are final, does that mean that you forclose the option to appeal to the Court of Federal Claims?
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I do not believe that they could turn down a Federal appeals. Jason commented on this on another post. I would wait to hear what he says.
 
joinpobob said:
When the PDBR says that decisions are final, does that mean that you forclose the option to appeal to the Court of Federal Claims?
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No, this is actually a prerequisite to filing suit under Administrative Procedures Act. As long as there are other admin appeals options available and the decision is not final, you cannot sue on that basis. Given this, I view it as a positive that the decision is final.
 
wilsonle61 said:
The new updated directives are here: http://www.dtic.mil/whs/directives/corres/pdf/604044p.pdf. When you open the document it says that it includes changes as of 6/2/09 and these changes are all in RED type.

Seems to include all the changes congress wanted in April, I would be curious to get LTC Parker's read on this document.
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I just posted in the downloads section....my first comment is that it makes the consideration of those conditions not found unfitting available to members if they request it in writing. It is unclear how they will deal with cases previously filed, but if you did not ask for consideration of conditions found not unfitting by the PEB, you may want to...I believed the previous policy to be illegal so I asked for consideration of all conditions that appeared to be unfitting when I filed applications.
 
I too, sent a request for review of my records for separation to the PDBR. I received notice back, it is in the system and to wait. I was given a low docket number................:(....................

But first, I was rated 10% by the Army and 80% by the VA. Later I was upgraded to 100% P&T with no future exams and was given this in writing multiple times for the purpose of getting an I.D. card, insurance, tag, taxes etc. I understand that a P&T rating with the VA is subject at anytime for review but wasn't expecting one for a while. After I submitted my paperwork with the PDBR I was scheduled C&P exams and sent a letter stating they want to reduce my VA rating on just the disabilities I had sent to review. In the mean time still no word from the PDBR, I guess if I NOD the letter I will have to wait on the PDBR. Has this happened to anyone else? I know the legislation stated your rating could not be lower than present if you sent it to the PDBR. I guess they were talking about the Military side of things not the VA rating %. Does anyone know if this balancing act on ratings is occurring elswhere or just with me? I have MRIs to back up my % but what happens if I NOD at this point? Here we go again:confused:!
 
Rbellone1 said:
I too, sent a request for review of my records for separation to the PDBR. I received notice back, it is in the system and to wait. I was given a low docket number................:(....................

But first, I was rated 10% by the Army and 80% by the VA. Later I was upgraded to 100% P&T with no future exams and was given this in writing multiple times for the purpose of getting an I.D. card, insurance, tag, taxes etc. I understand that a P&T rating with the VA is subject at anytime for review but wasn't expecting one for a while. After I submitted my paperwork with the PDBR I was scheduled C&P exams and sent a letter stating they want to reduce my VA rating on just the disabilities I had sent to review. In the mean time still no word from the PDBR, I guess if I NOD the letter I will have to wait on the PDBR. Has this happened to anyone else? I know the legislation stated your rating could not be lower than present if you sent it to the PDBR. I guess they were talking about the Military side of things not the VA rating %. Does anyone know if this balancing act on ratings is occurring elswhere or just with me? I have MRIs to back up my % but what happens if I NOD at this point? Here we go again:confused:!
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What? I didn't think that the PDBR had anything to do with the VAs rating? Why would the VA rating change? I am seriously confused? Could someone expain this? How I understood this is that the P & T ment that your condition was permanent and total- and that it would not change? Why would the PDBR have an impact on the VA rating? Wow- if the PDBR has an impact on the VA rating that could really screw a lot of people up!
 
This is my read of the time line GOALS (military speak for don't hold us to this) in Change 1 of the directives. I don't think anyone is going to see anything until after 1 OCT 2009. Oddly enough the beginning of the next fiscal year (FY 2010). Probably because if they are forced to comply with the VASRD and upgrade all these discharges, that's when they will have the most cash to do it. They can always get a supplemental spending bill cut later in FY 2010 for any shortages they run into at the end of the year in the operations or other accounts.
 
The VA rating would not be changed via the PDBR. The PDBR uses the VA rating as evidence that DOD did not properly rate unfitting conditions per the VASRD.

Mike
 
Is the PDBR having the VA go back and redo C&P exams for initial findings? In my case it looks as if this is happening.
 
I highly doubt this is possible. The VA makes its determination. That rating is evidence that is supposed to be given special consideration by the PDBR. There is nothing that authorizes the DoD/PDBR to re-open VA claims.

What makes you think this is happening?
 
I had a C&P last year and was raised to 100%. Was sent letters for P&T before I filed with PDBR. Received docket # then C&P request. Only the items I mentioned in the PDBR was to be reviewed and were. Still maintain 100% with VA however, VA wishes to lower disability ratings on those disabilities I questioned lowering these will not affect my 100% at this time.
 
The VA rating is suppose to be based on the whole person concept where the military is based on whether or not the person can continue in the military. I don't see the same rating but I could be wrong.
 
Jason said:
I highly doubt this is possible. The VA makes its determination. That rating is evidence that is supposed to be given special consideration by the PDBR. There is nothing that authorizes the DoD/PDBR to re-open VA claims.

What makes you think this is happening?
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What keeps it from happening? The board is advised against retribution with its rating not the VAs rating. As far as special consideration goes, if this was not all a game for the board they would only have to acess at the same rate as the VA. This shouldn't take 6 months for atleast one much less someone who has been rated since 2004 and is below #30 on the docket.
 
Interesting....the PDBR may request your C-file, but I don't see how the VA would get the information from your PDBR application.

If this is what is happening, I would fight it vigorously. Would need a lot more facts/information. Probably, the place to start would be with a copy of the C-file and/or a Privacy Act accountability of disclosure request to VA.

Still, it is possible that the VA did this on their own accord. This would not be improper.

Overall, would need a lot more facts to get to the bottom of this. But if you get any evidence that this is what is happening, please let me know.
 
Sure Jason,

Thank you for this site and all its valuable info it has been of great help to me. I believe I'm going to NOD the VA and see if this doesn't hold up the PDBR. If it does maybe that will be a way of knowing the VA AND Armed Services are finally working together. Wouldn't that be something that they could start getting along and working together to make sure everything is just right, just now maybe not to our benefit.
 
Rikersisland1,

While the VA rates all service connected conditions and DoD rates unfitting conditions, a condition is deemed unfitting by DoD should have the same rating as the VA as both rate per the VASRD.

Mike
 
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