Ok this has been boggling my brain looking at the forums because it sounds so different than what happened when i got out. When i was medically discharged i never went to a special doc visit. My ortho doc simply told me i was being med board and had to wait for my orders. My last 3 months i spent bouncing from detail to detail until i got the orders. Someone handed me a folder with orders stating 10% and that was it. I didnt get to say anything about it. Now two years prior to that i was being med boarded but requested MMEB and was allowed to reclass. So i dont know if that had any part in the second medboard. And they never considered any of my other issues just my back. Anyone have insight?
pdbr
- Thread starter amandav
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After an MEB is started to you required to have an exam of record. Given that you went to an MMRB I suspect this happened in the DES, so would have been a military doc instead of a VA doc.
You are required to sign a NARSUM, which is the MEB stating what conditions fail retention standards and why as well as listing all other conditions and why they meet retention standards. You have to agree or disagree with the NARSUM.
You have to be given the chance to appeal or accept the PEB's 10% rating.
Now, even if they did things completely wrong, there may not be the evidence to change anything.
Depending on how your documents actually look, you may very well have a case for bringing to a correction board. I would suggest starting with a VSO to see how obvious the FUBAR is, you should be able to at least come up with enough info to point toward if you should invest in an attorney or not. My guess is PDBR is the likely route, the military was doing some very very shady things for awhile forcing them to create a system to go back and review their disability discharges.
http://www.health.mil/pdbr should give you an overview.
Have you put in a claim with the VA for all your conditions?
You are required to sign a NARSUM, which is the MEB stating what conditions fail retention standards and why as well as listing all other conditions and why they meet retention standards. You have to agree or disagree with the NARSUM.
You have to be given the chance to appeal or accept the PEB's 10% rating.
Now, even if they did things completely wrong, there may not be the evidence to change anything.
Depending on how your documents actually look, you may very well have a case for bringing to a correction board. I would suggest starting with a VSO to see how obvious the FUBAR is, you should be able to at least come up with enough info to point toward if you should invest in an attorney or not. My guess is PDBR is the likely route, the military was doing some very very shady things for awhile forcing them to create a system to go back and review their disability discharges.
http://www.health.mil/pdbr should give you an overview.
Have you put in a claim with the VA for all your conditions?
Yes after I started reading everyone's cases I was in shock because mine was different. To start I wasn't informed of the right to appeal and there was a separate sheet that showed only my back listed, nothing else. After being told i was med board I never saw another doctor except for routine visits for prescriptions while still in service. Nearly everything with the VA is retroactive including my back. It actually took 6 years for my appeal for one of them. I have filed my claim with PDBR back in Dec 13 and in early February this year they said another 10 months.
Oh and for the MMRB I sat in front 5 or 6 officers and SGM I believe, stated why I wanted to stay in and how could I improve my back and current limitations, but never saw a doc. Thank you for correcting me on the acronyms, it has been so long. The MMRB is what I requested the first time I was told I was med board.
you'll want to find a copy of 635-40 in effect at the time of seperation. They will have an exam of record though. Most likely what ortho wrote up. I would consider a lawyer, or at least a VSO. Someone to look over what your record has so you can present the case best.
I will have to check my folder again and I've requested for all my service records but I was told they were MISPLACED during the transition from paper copy to digital copy. I ended up getting a couple forms but they were just about my entry and MOS. However what I do have, stated on the findings that they used my ortho doc records. I will check into it and see the VSO near me. Thank you!
ScoutCC I have looked through my folder and can't find 635-40. When I looked for an example online it says that version issue date wasn't until 2006. I was medically separated in 2005. Also found a sticky note saying they were waiting for my ortho docs report, but another statement said my records were used instead.
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I think this is the most relevant version of AR 635-40:
http://www.whs.mil/library/mildoc/AR 635-40 13 Dec 1985.pdf
I only did a quick search so, don't think that this is the "final" or "correct" answer as to the applicable and valid regulation that applies to your case.
@Ed Mercanti , do you know of better (more timely) versions that are applicable?
The 1985 edition was the predecessor of the 2006 edition.
I really appreciate the info. While reading it I couldn't help but laugh because my PEB didn't go as described as that form. One thing that really bugs me is that there was an informal and formal. I was not notified of either and simply told what their findings were. I will be heading to see a VSO tomorrow.