AFBCMR questions - PDRL

Hey all,

I'm about 18 months into the BCMR process, having received all favorable advisory opinions. Both opinions recommended MEB/PDRL/30%. Hopefully, I'm close to a board decision, but you know how that goes. In any case, I have questions:

1) I am not eligible for either CRDP (11 years TIS) or CRSC.
2) 100% total, but not yet permanent, with VA.
3) I received standard separation pay, approximately $20k, which was recouped from my VA compensation.

Here's where my question comes in...

My 100% VA rating for PTSD is coded as 9411. The AFBCMR advisory opinions recommend coding the AF side as 9434, for MDD. I've read that you can't be payed for the same disability twice, so what, if anything, could this mean for me?

Also, re: sep pay, if it wasn't supposed to be have been paid to me, and my VA back pay was used for recoupment, does that mean I get my VA back pay back? I could really use 20k right about now...

My original thread

Happy to provide additional info.

Cheers

What you are referring too is called pyramiding. So lets say you blow out your back, and you have two bulging disks. They will combine that into one rating. The VA code some times won't match the military code, I don't think that it has any bearing on anything. On to your other question, the VA will complete a review of your payment history once the board makes a decision. If they find that you overpaid, then it will be corrected on the VA side.

Thank you!

From a compensation perspective, when CRSC is not at issue, it does not matter how DoD codes it. Finding the disease unfitting is necessary and then the percentage matters because that correlates with pay. For most members, when CRDP is not in play, a 100% VA pays more than retirement pay.

Thanks!

Haven’t received the final yet, but I was told this morning that my appeal is in post adjudication. Hopefully, this will be faster than the rest of the process.

Interestly, and it’s probably meaningless, but the BCMR rep addressed me as MSgt, instead of the usual Mr.

I won’t bank on that being a sign, but I’d be lying if I said it didn’t excite me.

Back to managing expectations.

Does anyone know if I’ll only receive the decision, or if favorable, will I also get a new DD214 and the rest?

If your decision is favorable your DD214 will be amended. This will allow you to get a retired ID card and become TriCare eligible. TriCare will back pay medical claims, but I'm not knowledgeable about how that process works.

Financially speaking little will change. The AF will want its separation pay back. The VA will return it. Unfortunately, there is no 20K windfall (it would have been a good party ).

Thanks, Charlie! I’m not expecting any funds. I just want the justice. That said,
I would buy everyone a round.

CorazonDeOro said:

Haven’t received the final yet, but I was told this morning that my appeal is in post adjudication. Hopefully, this will be faster than the rest of the process.

Interestly, and it’s probably meaningless, but the BCMR rep addressed me as MSgt, instead of the usual Mr.

I won’t bank on that being a sign, but I’d be lying if I said it didn’t excite me.

Back to managing expectations.

Does anyone know if I’ll only receive the decision, or if favorable, will I also get a new DD214 and the rest?

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Unfortunately, I am not familiar with the AFBCMR process albeit you earned the right to be addressed with a military rank as a military veteran! I hope you receive a favorable outcome soonest! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

Thank you so much!

CorazonDeOro said:

Thank you so much!

Click to expand...

Indeed, you are quite welcome! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

CorazonDeOro said:

… I’m not expecting any funds. I just want the justice. That said, I would buy everyone a round.

Click to expand...

Indeed, I can definitely comprehend via my Army TDRL ordeal of 4 years and 17 days; I had three TDRL re-evaluations! I invoked all of my TDRL appeal rights due to the constant injustices by the DoD LDES PEB of not recognizing the appropriate DoD disability rating for PTSD in accordance with the criteria as annotated in 38 CFR VASRD.

At that particular point in time, the DoD LDES PEB (Army) had recommended a DoD 70% rating for PTSD on my 1st TDRL re-evaluation; I lost the appeal for a DoD 100% rating via a FPEB hearing (but the DoVA Rating Agency awarded a 100% rating for PTSD) & was continued on TDRL at a 50% rating for another 12 months. Then, the DoD LDES PEB (Army) had automatically decided to continue my placement onto the TDRL at the DoD 50% rating for PTSD on my 2nd TDRL re-evaluation; I couldn't appeal & it was validated by a PDES attorney, so I was continued on TDRL for another 12 months. Note that the 2nd TDRL medical re-examination for PTSD also resulted in a "total occupational and social impairment" disability for PTSD (e.g., a 100% rating for PTSD) in accordance with 38 CFR VASRD.

Albeit, justice was finally served on my 3rd TDRL re-evaluation for PTSD with placement onto the DoD military PDRL at the appropriate DoD 100% disability rating a couple of months ago in the 2018 calendar year! Of course, the 3rd TDRL medical re-examination for PTSD also suggested a "total occupational and social impairment" disability resulting in a DoD 100% rating for PTSD in accordance with 38 CFR VASRD. An important factor was that I had a "DoVA 100% P&T" rating for PTSD for nearly three years at that point in time which ultimately validated the DoD rating purposes "permanent and stable" disability requirement for final placement onto the DoD military PDRL.

That all said and nonetheless, please stay in the fight until the very end! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!