Hey guys newbie here. I received a final letter from the Army and please I need your help.

P

psycho_infantry

New Member
Registered Member
I need your help, guys, I am lost and confused. After waiting for so long I got denied for medical retirement. is there anyway or anyone can help me? Please tell me what is going on with this letter. Tango Mike!dod1.jpg

I was an Army Infantry
OIF 4 (05-06)

VA Rated me
100 Percent
PTSD and TBI
50 Percent
Headaches
10 Percent
Both Knees
 

Attachments

  • dod.jpg
    dod.jpg
    127.1 KB · Views: 49
psycho_infantry said:
I need your help, guys, I am lost and confused. After waiting for so long I got denied for medical retirement. is there anyway or anyone can help me? Please tell me what is going on with this letter. Tango Mike!View attachment 2248

I was an Army Infantry
OIF 4 (05-06)

VA Rated me
100 Percent
PTSD and TBI
50 Percent
Headaches
10 Percent
Both Knees
Click to expand...
Can you post the whole doc or is this it? It looks like you were retroactively placed on TDRL for PTSD for the six months following your separation and that the board recommended for a permanent rating of 10%. Were you apart of the sabo law suit in 2012?
 
Also, what was your GAF score from the army and PEB at time of separation and what did the VA give you for a GAF score and how long after discharge was the VA rating? Lastly, were you separated for PTSD or was it thrown in to your PDBR after the fact? The PDBR looks at all probative evidence when making their decisions and the better you transitioned to civilian life the more they use it against you when determining your final rating
 
This can still be taken to federal court if the PDBR didn't give a strong justification as to why based off of the VASRD for PTSD. Back when this whole PDBR started, they were still low balling PTSD ratings without legal justification and a federal judge remanded one case back to the PDBR basically telling the PDBR you can give a rating and than justify saying just because so their is already legal precedence. It's highly unlikely they are still doing it in 2017.
 
There is another case that went to federal court under hatmaker but it was for a few conditions to include OCD where the PDBR didn't consider all evidence in making their final determination so it was remanded for another review back to the PDBR. There are spot of veterans that are highly knowledgeable on PTSD and the PDBR. They will probably jump in sooner or later.
 
Also bro, you took your name and address off of one doc you posted but than left it on another. I don't know if you meant to do that or not. There are legal orgs that specialize in PDBR that can provide consultation. It's worth a try. Man I'm sorry this happened to you.
 
Congratulations!!! Now as soon as you get your DEERs letter? get in contact with the DHA (Defense Health Agency best number: 703.681.1770) and start the process of getting your Timely Filing Waivers in for retrograde Tricare benefits.

Next (as in your next call, do not wait on this step) get in contact with any medical insurance companies you or your spouse/child had and get all EOBs from the time your backdated to now.

Start a file for each family member. Put each EOB in order of date of service (DOS). Your going to have to file these claims, but you need to get that TFW first, otherwise they will all get turned down. Now, as of now, I do not know if they back pay premiums, however they should backpay co-payments. That includes Pharmacy, so if youre like me and went to the same one? Go to there and get whatever list they can give you. That is another claim.

Congrats again and good luck. Feel free to drop me a line if you run into a wall on the Tricare spectrum.
 
You only have one year to file for those claims..do not hesitate..the process can be daunting, but, once again, if youre like me? We're talking upwards of $10K worth of co-payments
 
GreenEyedMarine said:
You only have one year to file for those claims..do not hesitate..the process can be daunting, but, once again, if youre like me? We're talking upwards of $10K worth of co-payments
Click to expand...
Hey devil dog his letter states 10% final rating
 
GreenEyedMarine said:
Congratulations!!! Now as soon as you get your DEERs letter? get in contact with the DHA (Defense Health Agency best number: 703.681.1770) and start the process of getting your Timely Filing Waivers in for retrograde Tricare benefits.

Next (as in your next call, do not wait on this step) get in contact with any medical insurance companies you or your spouse/child had and get all EOBs from the time your backdated to now.

Start a file for each family member. Put each EOB in order of date of service (DOS). Your going to have to file these claims, but you need to get that TFW first, otherwise they will all get turned down. Now, as of now, I do not know if they back pay premiums, however they should backpay co-payments. That includes Pharmacy, so if youre like me and went to the same one? Go to there and get whatever list they can give you. That is another claim.

Congrats again and good luck. Feel free to drop me a line if you run into a wall on the Tricare spectrum.
Click to expand...
He wasn't given a retirement. It feels as though you are here fishing for Tricare cases through a firm as that is the only input you ever provide.
 
Thank you guys for those response. Is there any way, or anyone or where can I get help when it comes to my medical retirement? Thank you guys.
 
The national veterans legal services program NVLSP is your best bet. They offer free legal services such as representation. They are the ones who got the PDBR program started by way of a lawsuit. It sounds like to me that you weren't part of the sabo lawsuit in 2012 and that your VA narrative summary were the docs used in your pdbr review. If that's the case, you may have a fighting chance especially if you were given that rating initially from the VA and especially if it were given within 12 months of your separation from the army. The VA used the same VASRD rating system that the army and than the PDBR used to give you less than 30% so something isn't adding up. I have seen a few cases where retirement was denied because people transitioned over effectively to the civilian sector with constant uninterrupted work, a good social life and an initial low rating from the VA. What justifications did the PDBR give for giving you a low ball rating?
 
Also, I have direct line numbers to the NVLSP so you don't have to kill time by waiting for a response from a legal clerk that can sometimes take weeks. Did you have legal representation when it came to filing your claim or did you do it on your own or with the dav?
 
Oh yeah, I forgot to mention that even though the PDBR is non appealable, and the bcmr is no longer an option, federal court filing is and again, the NVLSP provides actual lawyers and representation for free. There is still a way. Lean forward and keep your head eyes off the ground infantry
 
Psycho infantry; attached is a copy of a federal court case from January 2016. Like you this soldier filed a pdbr app and it was denied by the army DDA and was than awarded a permanent retirement in federal court. Like you, this soldier recieved a denial letter stating that in keeping with federal law in place at the time of his charge was retired to the tdrl list constructively and like you, was removed from the tdrl with a 10% final separation rating constructively. The federal judge told the army that the soldiers due process was denied in that the soldier was never actually placed on TDRL for PTSD and due to that fact, the soldier was not afforded the opportunity to receive an actual tdrl physical eval at the no less than 90 day but no more than 180 day required by law timeframe. The judge stated that because the army was attempting to go back in time and constructively execute the soldiers tdrl and constructively remove him from tdrl, the soldier was denied due process under the VASRD and tdrl process. The judge simply put that the pdbr could not use the original PEB used to separate the soldier because it happened before separation. He followed by stating that theory could not constructively execute a tdrl exam so the constructive tdrl rating was invalid and could not be used for final rating. Finally, the judge stated that any attempt by the pdbr to use the VA C&P exam without than executing a PEB level exam after the VA c&p made the use of the VA narsum invalid. In light of these facts, the soldier in effect was retired permanently at 50%. I did alot of research. Respond so I know you got this. It's called legal precedence and the federal court will use it to decide future like cases unless a higher court reversed it.
 

Attachments

  • show_public_doc (1) (1).pdf
    201.1 KB · Views: 15
Psycho infantry; attached is a copy of a federal court case from January 2016. Like you this soldier filed a pdbr app and it was denied by the army DDA and was than awarded a permanent retirement in federal court. Like you, this soldier recieved a denial letter stating that in keeping with federal law in place at the time of his charge was retired to the tdrl list constructively and like you, was removed from the tdrl with a 10% final separation rating constructively. The federal judge told the army that the soldiers due process was denied in that the soldier was never actually placed on TDRL for PTSD and due to that fact, the soldier was not afforded the opportunity to receive an actual tdrl physical eval at the no less than 90 day but no more than 180 day required by law timeframe. The judge stated that because the army was attempting to go back in time and constructively execute the soldiers tdrl and constructively remove him from tdrl, the soldier was denied due process under the VASRD and tdrl process. The judge simply put that the pdbr could not use the original PEB used to separate the soldier because it happened before separation. He followed by stating that theory could not constructively execute a tdrl exam so the constructive tdrl rating was invalid and could not be used for final rating. Finally, the judge stated that any attempt by the pdbr to use the VA C&P exam without than executing a PEB level exam after the VA c&p made the use of the VA narsum invalid. In light of these facts, the soldier in effect was retired permanently at 50%. I did alot of research. Respond so I know you got this. It's called legal precedence and the federal court will use it to decide future like cases unless a higher court reversed it.
 
You must log in or register to reply here.
Top