Gentlemen,
Some of you asked me to keep you posted on my progress on sending additional medical documents to the PDBR, even though my case had been adjudicated and closed.
So here is some of the back story. After receiving my findings back from the PDBR, the decision was made to not change my findings and the board agreed with the results from my original PEB, dated back in June 2007, which was 20% for Code# 5262, “Right Knee Medial Meniscal Deficiency with Significant Pain and Dysfunction”.While reading the summary that I received back from the PDBR, I noticed that the board did not consider the additional knee surgeries that I had only 10 months following my PEB/discharge. It was my understanding that all relevant medical documents within the first 12 months after discharged where to be considered as long as there were directly connected to the disability that I was discharged for. I even quoted the language directly from the DoDI paragraph 5i.3 of Enclosure 2. (3) New or newly discovered evidence not previously included in official records.
I sent the PDBR an email and asked them if they would consider letting me mail the documents to them so that they could consider them as evidence for my case.
Here is the actual email I sent the board:
“To whom it may concern,
I recently received my results back from the US Navy in reference to my submission for the PDBR. The results showed that the board made no recommended change to my disability rating of 20 percent. After reading through the summary, it is clear that the board did not take into account, the surgery I had just 10 months following my discharge. I received a 20 percent rating for Diagnostic Code of 5262, for “Right Knee Medial Meniscal Deficiency with Significant Pain and Dysfunction”.
Within 10 months of my discharge, I was having additional surgeries on my right knee for the same issue that I was discharged for. I had an additional ACL replacement due to the one I had prior to my discharge, had failed, as well as additional meniscus cartilage removed. These medical documents and surgery records should have been part of PDBR package. In all actuality, this should have been included with my VA record and it was not.
What are my options to have these additional medical records reviewed by the PDBR? Can I resubmit a new package for the PDBR to review? Per the DoDI 6040.44, “All new or newly discovered records or other relevant evidence gathered and considered by the PDBR will be made a part of the covered individual’s PEB records.”
Thank you for your time in this matter and I look forward to hearing back from you.
Matt Bishop
PDBR case# 2015-00252”
After sending this email, I received a favorable response instructing me to mail in the relevant medical documents along with my original DD 294. This was March of 2018. After a few months went by, I followed up with the PDBR in June of 2018 to ensure they received the documents and that everything was on track and got nothing back. So after about 30 days, I sent an additional email asking the same questions. So, on 21 July 2018, I received an email back from the PDBR stating “yes, they had received my documents and they were being reviewed”.
I received another email on 22 July 2018, stating that the PDBR uses both medical and VA records, but the only medical records after my PEB that would be considered would be VA records within 12 months of discharge. Even though my surgeries were from a civilian doctor, as soon I established care with the VA, I gave them all the copies from these surgeries, thinking that they would be part of my official VA records. I established care with the VA in 2009 and did not file with the PDBR until 2015. I never once thought these records would not be part of my VA record. So, the final response I received from the PDBR was that
“Once your case is decided its final. The only way for new documents to be added is through the litigation process. But documents that are older than 12 months past the date of separation can not be considered by the board.”
After receiving this, I was of course very frustrated and confused. Why did the board allow me to submit the documents only to come back 3-4 months later to tell me that the documents could not be considered? Something else that I was not aware of is that once my case goes to “pending review”, I have 2 weeks to provide any additional documentary evidence outside DoD possession. Paragraph 4C of the DoDI states that:
“Any covered individual who petitions the PDBR will have no less than 2 weeks from notice of pending review to submit documentary evidence outside DoD possession.”
This would have been a great opportunity for me to provide this additional medical evidence, but I was never notified that my case was pending review. I think it’s a common thread that communication from the PDBR is very limited at best.
I say all this in hopes to gain perspective and advice from this forum. There seems to be a lot of misunderstandings throughout my entire PDBR process. I was told early in in the process that they were still waiting on the U.S. Navy to submit additional records, knowing that the Navy had already sent the documents, because the PDBR had told me previously that all records had been collected. I was even told once that the PDBR sent all my documents to the Army and that they were waiting to hear back from the Army. I contacted them and reminded them that I was in the Marine Corps, so why would I be receiving anything from the Army. I have all this email traffic saved. I have all my documentation from my PEB, PDBR, VA records.
Do I have any grounds to make and appeal the Navy or higher courts in hopes of having this relevant evidence be made part of my decision on whether I can receive a 30 percent rating or not? I have attached my findings back from the PDBR as well.
Thank you for your time in this matter.
Matt
