Need help with the PDBR

K

kkbradley

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Registered Member
My husband was discharged in November 2009 with a 10% disability from the Navy for depression and was found fitting for his PTSD, IBS and heart issues. After waiting over 2 years we got our rating from the VA and he received 10% for all of the conditions that he was found fit to serve for so we are not concerned with those but he received 100% for the depression. I think that is a BIG difference and we should be go back to the PDBR to see if we may be able to get his retirement. We do not know what the processes is though. Can someone please help me? I am lost in the post.
 
Well your spouse falls in the eligible window. Apply. Go to that link above, read up on the process,read the instructions on a DD294. I would submit all records related, especially civilian doctor notes. Make a clear statement of what you are contending. They will review the records and compare to the VASRD in effect at time of discharge. It may be a little dicey since he got out after 1/28/2008 when the services starting rating based on the VASRD, but apply. Worst case scenario, he gets declined.
 
scottymotech said:
Well your spouse falls in the eligible window. Apply. Go to that link above, read up on the process,read the instructions on a DD294. I would submit all records related, especially civilian doctor notes. Make a clear statement of what you are contending. They will review the records and compare to the VASRD in effect at time of discharge. It may be a little dicey since he got out after 1/28/2008 when the services starting rating based on the VASRD, but apply. Worst case scenario, he gets declined.
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It's a technicality, but the services were required to rate per the VASRD prior to 2008. The 2007/2008 NDAA highlighted the fact that many of the PEBs weren't doing it, despite the laws and regs stating they were required to. It was a big RED FLAG that was waived at them and now they are more compliant.
 
pittpan2005 said:
It's a technicality, but the services were required to rate per the VASRD prior to 2008. The 2007/2008 NDAA highlighted the fact that many of the PEBs weren't doing it, despite the laws and regs stating they were required to. It was a big RED FLAG that was waived at them and now they are more compliant.
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I was boarded in 2007, 12/13/2007 to be exact. The 2008 NDAA wasn't signed until 1/28/2008, the same law that enacted the PDBR. They weren't required until 1/28/2008 to rate based on the VASRD, the PDBR allows your rating to be reviewed all the way back to 9/11/2001 against the VASRD in effect. Read the Military times articles around April 2007 about Walter Reed and the disparity in the ratings. Thus why the the 2008 NDAA required using the VASRD. I know I was watching this very closely during my MEB/PEB hoping they would have enacted before my board, I missed by a month.
 
scottymotech said:
I was boarded in 2007, 12/13/2007 to be exact. The 2008 NDAA wasn't signed until 1/28/2008, the same law that enacted the PDBR. They weren't required until 1/28/2008 to rate based on the VASRD, the PDBR allows your rating to be reviewed all the way back to 9/11/2001 against the VASRD in effect. Read the Military times articles around April 2007 about Walter Reed and the disparity in the ratings. Thus why the the 2008 NDAA required using the VASRD. I know I was watching this very closely during my MEB/PEB hoping they would have enacted before my board, I missed by a month.
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Many changes took place between 1996 and the 2008 NDAA. The VASRD requirements on the services PEBs were "amended" and changed in some aspects, but the VASRD was still used for many conditions. The 2008 NDAA took the ambiguity of the different services criteria away and said VASRD will trump. I am simply saying the VASRD was still being used prior, just not the same as its current state.
 
DoD put out policy that the PDBR and the BCMRs would rate in strict compliance with the VASRD from 9-11-2001 forward.

Mike
 
I have a question. I was Med Boarded out in Nov/2009 with 20%. I have a lumbar strain, degenerative disc disease with herniated disc, and lower back pain for which I was discharged for. My claim was immediately filed the next day/same month. Nov/2009. After my discharge I filed a claim, went through the VA process, and they rated my initial claim 20% Nov 10, 2010. I definitely did not agree with this finding. I appealed My Nov/2010 decision in Sept/2011. My new rating is 40% which was rated in 03/2012. That's pretty much the foundation of where I stand today.

I currently have a claim with the PDBR from 04/2012. I contacted them to see where my claim was and they told me it was adjudicated. I didn't have a problem with this. Never even thought about it. Now, that they told me it was adjudicated, I have been thinking constantly about it. DAILY! I am so nervous. I really hope it goes in my favor. It would be the change I need to help me in my life.

My questions are simple, to relieve the tension of just wanting to know, can anyone make heads or tails out of a possible outcome or what it looks like may be happening in my case? I am sure the USMC/USN tried to low balled me at the PEB, I just got out, took the severance, and figured I was better off fighting it out here then I was in there. No appeals.

Then, I think the VA tried to low ball me with my first initial claim at 20%. So, I appealed it. I have a 40% rating for the condition I was discharged with. I think I received from the VA what I should have received from the Service at the PEB. Also, which schedule do they use now? How will the PDBR and Service Secretary view the two claims from the VA? Do they view it as one or two separate entities? One was done within a year of separation and the other was done within a year of my initial appeal with the VA which would be about 2.5 years since separating.

It's the NOT KNOWING PART THAT'S EATING ME A LIVE. Too bad the PDBR people just couldn't say I think you will be pleased with the results or I think things will remain the same. Something to that effect. You know the whole "Magic 8 Ball Answers".

I have noticed a HUGE inconsistencies in ratings for lower back problems and ratings in general at this link here: http://boards.law.af.mil/AF_PDBR_CY2012.htm It appears asthma is automatic 30% and PTSD is an automatic 50% from the PDBR.
 
What is the effective date of the 40% rating? All are required to rate per the VASRD.

Mike
 
The initial claim was submitted on November 30, 2009 with a rating decision of November 17, 2010 @ 20%. The appeal for that decision was submitted on September 29, 2011 and with a rating decision of March 13, 2012 @ 40%.
 
Yoshi said:
The initial claim was submitted on November 30, 2009 with a rating decision of November 17, 2010 @ 20%. The appeal for that decision was submitted on September 29, 2011 and with a rating decision of March 13, 2012 @ 40%.
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I hope it works out for you, but I think the biggest hurdle is the fact that the VA rated you at 20% initially. You appealed and it was upgraded, but the question remains if they will rely on that initial determination or say the "appealed" and new rating was the appropriate rating in November 2009.

Something else to consider is if any other medical conditions were addressed by the MEB/PEB and if others should have been, but were not.
 
Ok. Thanks for the quick response. Im thinking they will probably go with the initial claim and say it was aggravated after my discharge and they (the Service) will say they are not responsible. Thank you for the quick response. I will say yay or nay as soon as I find out.
 
Look at the effective date of the award- not the date of claim or the date of the decision. Look to the date of the entitlement, not the processing times.
 
Indeed, what is critical to the issue is the effective date of the 40% rating.

Mike
 
Ok, my initial claim has an effective date of November 30, 2009-this is the day immediately after my separation of the 29th. My decision letter on my appeal does not have an effective date. It just mentions an increase. Now, they did send me my award letter with a payment start date of October 1, 2011. I am assuming this is the effective date of the second appeal.

Then, I just thought that perhaps the effective date of November 30, 2009 is still the effective date of my second appeal since they didn't change my effective date and just added an increase. Does that make sense? Either way I am pretty good at figuring stuff out but with my PDBR I am dead on the fence.
 
I think either way I look at it Im still outside my one year time frame. The only thing I can bank on is the fact that maybe there was something missed in my PEB that I was unaware of at the time of my separation. I wonder if I hurt myself in the long run by not doing the FPEB while in service vs just waiting to get out and dealing with it out here? Either way I will not complain. I am hoping that the PDBR will catch any mistakes which may have been made. If not, Im still greatful to have a second, 3rd, 4th, however many pairs of eyes take a look at it again.

I just can't make heads or tails out of it.
 
I think they will consider it. I didn't file my VA claim until 2 years after I left service. Yes I know this was silly and I lost 2 years of compensation. The VA initially rated me at 10%, appealed, got 20%. They did review the VA rating in fact I held off on the PDBR because I waiting for an appeal. I contended one condition that was on my MEB/PEB but was not rated as according to the VASRD in effect at the time of my MEB/PEB I should have been rated at 30%. The PDBR did not rate this because apparently it was not unfitting enough. However they did upgrade the neck condition I was discharged from 10% to 30% based on a misinterpretation of a a ROM test at the time of a my MEB/PEB exam. So did I feel a little cheated as I should have been rated somewhere around 50%, yes, but grateful they did retire me.

Anyway. They will look at the VA rating, and I don't think they will penalize since you appealed a decision that was initially made within the first year of discharge.
 
I received my results. It was a nay! I would like to say after looking back over the course of events up until this point, if ANY medical examiner or C&P Examiner asks you if you can bend more and you do it, even if you fight through the pain, it can literally mean the difference between a retirement and a non-retirement with such cases as the PDBR. Let this resonant through your mind loud and clear: DO NOT MOVE. IF YOU FEEL PAIN DO NOT FIGHT THROUGH IT. YOU STOP AT THE ONSIGHT OF YOUR PAIN. Also, they did penalize me on my appeal. The PDBR didn't include the results for my appeal. Only the initial claim within one year.

Im really not mad at any party. Maybe just disappointed in myself for various reasons. Oh well, I still gave it a try. Moving forward.
 
I recieved my PDBR letter on the 24th of Feb 2012 that I was being retired at 30%. I haven't heard anything else since that time. I'm a little worried that something is wrong or something was lost. I guess the letter was sent to ther Deputy Commandant, Manpower & Reserve Affairs, USMC from the Director, Secretary of the Navy Council of Review Boards. What should I do????? Any #'s or emails I should call of write????

Corpsman UP!!!!!!
 
rbcris72 said:
I recieved my PDBR letter on the 24th of Feb 2012 that I was being retired at 30%. I haven't heard anything else since that time. I'm a little worried that something is wrong or something was lost. I guess the letter was sent to ther Deputy Commandant, Manpower & Reserve Affairs, USMC from the Director, Secretary of the Navy Council of Review Boards. What should I do????? Any #'s or emails I should call of write????

Corpsman UP!!!!!!
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It has been to long since your notification letter without hearing an update. I would start with contacting these folks:

If you have further questions about the PDBR, contact: [email protected]
Mailing address:
PDBR intake unit
SAF/MRBR
500 C Street West, Suite 41
Randolph AFB, Texas 78150-4743


DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS
720 KENNON STREET SE SUITE 309
WASHINGTON DC 20374-5023


Comm: (202) 685-6408
DSN: 325-6408
FAX: (202) 685-6610
 
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