New Member needing PDBR advice.

[LoGreenJr357]

Hello All,

I recently applied to VA and received a 10% increase on my rating, bringing my total to 20%, I also have other conditions rated at 0%, all service connected.
Like everyone else, I received the letter about the PDBR and initially I thought that I would be just wasting my time applying, but now I'm thinking that it cost nothing and either it is YES or NO.
Thinking back to my discharge in 2004, I know I should have taken it more seriously and asked more questions, I felt rushed and just went ahead and signed the paperwork. I declined the doctors recommendation for further surgeries, now, I'm definitely in worse shape and regret the decision.

My Disability Description
DA 199:
VA CODE: 5257 - CHRONIC PAIN AND INSTABILITY LEFT KNEE
Recommeded disability percentage: 20%
N, Y, Y, Y, 20%

I welcome all PDBR Review Advice for applying. Anyone with a similar PEB condition successful?
Thanks All.

Regards,
LG

 

[Keebs]

Hi LG,

As you said, it costs nothing to apply and the worst that could happen is they don't change it!

 

[chaplaincharlie]

• Always try to achieve what you realistically believe is just!

 

[Jason Perry]

LoGreenJr357,

Welcome! Hope you find some help here and get a good result from your appeals.

I recently applied to VA and received a 10% increase on my rating, bringing my total to 20%, I also have other conditions rated at 0%, all service connected.

As to the bolded portion, it is hard to tell if this would matter. You state below that you were discharged in 2004. So, a worsening of your condition now, 12 or so years later, would not likely impact your PEB decision back in 2004. Also, not sure if the increase is more than what you stated below as your "DA 199"

Thinking back to my discharge in 2004, I know I should have taken it more seriously and asked more questions, I felt rushed and just went ahead and signed the paperwork. I declined the doctors recommendation for further surgeries, now, I'm definitely in worse shape and regret the decision.

If your PDRB application is predicated on worsening condition years later, this is likely a non-starter.

My Disability Description
DA 199:
VA CODE: 5257 - CHRONIC PAIN AND INSTABILITY LEFT KNEE
Recommeded disability percentage: 20%
N, Y, Y, Y, 20%

Not sure why you have a 20% rating above and you on mention an "increase to 20%." Seems to me that you are either mistaken or you are referencing other conditions that were not unfitting being increased. Can't tell what is going on here. A clear explanation of your original conditions, their ratings (both originally, and any increases over time), and what you are asking to be found by the PDBR would be helpful.

I welcome all PDBR Review Advice for applying.

I would first review the entire PDBR regulation : http://www.pebforum.com/site/resources/dodi-6040-44-physical-disability-board-of-review.69/

Next, I would point out, for conditions found unfitting at the time of your separation, you are looking for an increase in rating. The only other avenue to increase your rating (to meet the 30% mark) is to argue for additional unfitting conditions (and, perhaps, if the VA issued a rating that was incorrect, for a higher rating). Understand, the focus is not on what has happened many years later. It is on what happened or should have happened at the time of your separation.

Really need more information about your case to provide more input. Hope this helped and that you get a favorable outcome. Best of luck!