Physical Disability Board of Review Update

jpfalcetta said:
Trish,
I went to my local VA advocate and they got me the total I had left to pay. 1 suggestion is join a vet service group like VFW or American Legion 2 call or email your congressman.
Let them know about the problem and that they are screwing us over bad.
Take care good luck.
John
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Hey Trish,

The only thing I can tell you is get your congressman involved, as well as a vet organization to back you up. The American Legion has been handling my case, but I have to contact them again about this miscalculation. They helped me get through the BS...But keep an eye on the VA, they are slimy...caught them three times already trying to screw me over, one would have cost me $30,000 in retro pay. Good luck and thank your husband for serving and sacrificing for his country. There are grateful people out there.

Jon "Big Will" Williams
 
jpfalcetta said:
Yeah I am looking at almost 3 years back pay. I heard that they were not supposed to take our severances away from our disability checks. Someone on here had said that in an earlier post.
I also have degenerative disk disease and am going tommorow to request am upgrade exam.
I do not want to be 100% yet since I am already at 70%.
Well good luck to everyone take care.
John
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Good luck John, and God Bless brother! Keep me updated on your status.

Jon "Big Will" Williams
 
Hey all,

It's been awhile since I posted to this forum. I have been ignoring what's been going on because it was driving me crazy a couple of months back. Thanks to patriots like Mike Parker, it looks like Congress has forced DoD to start doing the right things with the PDBR cases (although it looks like nobody has actually received a ruling yet). I was recently granted 100% disability from the VA retroactive to my discharge date in 2007. Thank God this happened because it squared me with the VA. I got involved with the "Lawyers Serving Warriors" group and the attorney there has told me to wait before filing to the PDBR. She wants me to wait for the outcome of the class action lawsuit. The way I see it, with the new policies it won't help me to wait for that. I think I'm going to go ahead and file with the PDBR now that they have changed the way they are going to do business. Jason has been a God-send to us all!! I can say that I have had some personal dealings with Jason and he is as honest and caring an individual as one could ever hope to meet (and a lawyer at that!!). Anyway, if anyone has a viewpoint on how they think I should proceed, it would be quite helpful. Like a lot of you guys (and ladies), I miss the military too because it was my life and I gave it everything I had. I'm a little disappointed with the way we've been treated BUT I'm keeping my hopes high and I believe that we are starting to see the light at the end of the tunnel. Thanks again to Mike and Jason, you guys rock!!!!!!!!!!!!

Kevin
 
Oh yeah, just one thing about the severance issue. I also was discharged with a paltry 10% and a severance package. Just remember guys (and ladies) that as of right now, the only people who are NOT having their disability severances recouped by the VA are those who were discharged on or after Jan 28, 2008. I've heard a lot of misinformation about this in the veteran community where I live. Even VSO's don't seem to understand this important little fact. I don't know if that law is going to be changed (it should be), and if it already has please correct me. This is also another good reason to fight for your medical retirement because then the VA will have to return that recoupment to you. Of course, then we will run into other concurrent receipt issues but we can deal with those issues when they come up. Good luck everyone and stay positive!!!
 
Thanks Kevin for your service to this country, the updates from your end, and congrats on getting your 100%. God Bless Brother!

And how to proceed, I wrote up my whole story about what happened and the contributing factors in my health that made me medically separable. In addition I showed that I had other ailments that were contributing factors too that the PEB never saw in my request, because my PEB Officer only put in one ailment, and not the several others I had issues with. She said they couldnt do that...then why was there room?? But anyway, I also attached copies of alot of my medical records and reports I took from the visits and tests, I didnt rely on my files to still "be there."

Thats all I got for now, good luck and keep your head up.

Jon
 
The law change 28 January 2008. The severance is not recouped for cases on or after that date but only if the unfitting disability incurred in a combat zone or as part of a combat-related operation. For all others, the severance is still recouped by the VA.

Mike
 
Orion69 said:
Oh yeah, just one thing about the severance issue. I also was discharged with a paltry 10% and a severance package. Just remember guys (and ladies) that as of right now, the only people who are NOT having their disability severances recouped by the VA are those who were discharged on or after Jan 28, 2008. I've heard a lot of misinformation about this in the veteran community where I live. Even VSO's don't seem to understand this important little fact. I don't know if that law is going to be changed (it should be), and if it already has please correct me. This is also another good reason to fight for your medical retirement because then the VA will have to return that recoupment to you. Of course, then we will run into other concurrent receipt issues but we can deal with those issues when they come up. Good luck everyone and stay positive!!!
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I am very happy for you. Must of been a great feeling getting your 100%. Congrats man best of luck.

Mike
 
I was discharged with 20% after being diagnosed with Leukemia and needing a bone marrow transplant. The VA gave 60% for the Leukemia and the Army gave me 20%. What chances does anybody think I have of getting this rating up to at least 30%? This was in 2004.
 
kreitzej,

Welcome! The rating from the VA suggests that you should have been rated higher. The evidence and facts in your case will really drive the outcome. But, you have nothing to lose by appealing.

Best of luck!
 
I called the PDBR, I am docket 144. I was told my case is up in Washington, D.C. I assume i should hear something soon, it seems like its been forever. If I get military retirement for the disability that i was discharged for how does that effect the VA recooping my severance pay? I am total 80% but was given 10% by the military. I am just curious how this will work and if anybody knows. Thanks!!
 
Essie - what's your docket number?

Thanks!
essie1 said:
I called today and they informed me my packet was complete and was being sent to the board tomorrow. I don't have any idea how long the board reviews the records before they render a decision though.
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Essie,
oh, that is great news! Maybe we'll all see some movement now! Did you get any letters, other than the first 2 we all got, to tell you that your packet had moved to the board, or was it just through a phone call. We're trying to be patient... :)
Thanks!
 
I talked to them about a month ago. I was told my file was sent to the board but it still didn't have my Army Records because the army didn't get around to it yet. I hope things are going now.
 
It appears that this is an emerging issue that cases are not moving from the Intake unit because of lack of records.

Here is the number to the intake unit: 210-565-3254

Unclear to me at this point is how they are weighing what you submitted and if they are requiring duplicative records from different sources. I will update as I know more.

For those of you with cases at the Intake Unit, when they forward your case to the adjudication unit, they have been sending a letter notifying you of that fact.
 
Jason said:
For those of you with cases at the Intake Unit, when they forward your case to the adjudication unit, they have been sending a letter notifying you of that fact.
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Thanks Jason,
They told me over the Phone that it went to the board (Adjudication unit), but I never received anything in the mail.
 
black sheep 1 said:
Thanks Jason,
They told me over the Phone that it went to the board (Adjudication unit), but I never received anything in the mail.
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Has anyone recieved a final decision yet? My husband is docket number is in the 20s and it has been at the adjudication unit for months????
 
I called the Intake Unit number this morning and was informed that my records were at the PDBR board in Washington D.C. The gentlemen told me once your records are at the board, there isn't much they can do on their end after that.
 
I got a letter stating my was at Central Ajudication Center. I don't expect to many people to receive retirement. America is essentially bankrupt and the way Obama and the Democrats are spending on their socialized healthcare and energy tax there won't be any money left, heck there isn't anything left now. I'll be very shocked if i get a medical retirement. Good luck to everyone.
 
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