PDRB additions

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steamer84

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Back in 2014 I was awarded 30% from 20% from the Air Force Physical Disability Review Board (PPRB) from 3 LOD injuries I incurred while in the Army from 2000-2004. One of the injuries was incurred while in a combat zone on line of duty but I was not injured by an instrumentality of war or in direct armed conflict, but it was noted that it was LOD. The other 2 injuries occurred while in training at the Army Primary Leadership Development Course (PLDC) and the Army Medical Board Proceedings (MEB) said it occurred while in LOD. I was supposed to get another Line of Duty (LOD) injury for my mental health included in the original Army MEB back in 2004, but I see that was not added to my Medical Board Proceedings. I also incurred this injury in a combination of when I was in basic training and while serving in a combat zone pulling gate guard. I also see on my Medical Board Proceedings from the Army in 2004, it states the 3 LOD injuries that were noted on the form were not combat related even though 1 of the injuries was incurred while deployed in a combat zone. The questions I have are:

1. Can I appeal to the Air Force Physical Disability Review Board to add the mental health LOD to my rating? By the way, I have a copy of the medical record from the head psychiatrist at my duty station for the Army Medical Evaluation Board stating the injury occurred while LOD and the injury wasn't present before service.

2. If I can apply the additional mental health injury to the Air Force Physical Disability Review Board, can I also request to have them consider the injury for a combat related injury based on my service while pulling gate guard duty in a combat zone or while attending basic training?

3. Can the one injury that I incurred LOD while deployed in a combat zone be appealed to Air Force Disability Review Board for a combat injury while incurred in combat?

4. Can I appeal to the Air Force PDRB the other 2 injuries that occurred while LOD in training for Army PLDC to be considered a combat related injury since it occurred while simulating war?
 
At 30% you are medical retired right? If so why are you trying to appeal? From my understanding, once the decision comes back then it’s final. You can’t appeal or anything. This sucks because I’ve been going through some of the findings of other and it’s disheartening to see sooooo many being denied and saying that the “unfit” wasn’t “unfit” to begin with.

 
I think it's late in the game unfortunately from a timeline perspective to have any appeal options. Usually, you have to pick either the PDBR or BCMR. As of now, there is no way in-service way to appeal the PDBR decisions. Also, the BCMR has a 3 year statute of limitations.

You could have gone to the court of federal claims but they have a hard statute of limitations of 6 years post separation.
 
Doesn't the ACBMR have a requirement that All Administrative avenues be exhausted before applying... Could that apply to the PDBR?
I apply to the PDBR and if that gets denied I can apply to ABCMR requesting an exception based on this rule...
Wanting to know in case it happens to me. the closer it gets the more nervous I am and I keep second guessing everything.
T,
 
I'm no expert but you can search on this forum and on google and usually the answer is that you have to pick either the BCMR or PDBR. Once you pick one, you can't go to the other. There might be some limited use-cases where you could argue that the BCMR should hear your case even though you went to the PDBR but it would likely have to be new information or some extenuating circumstances. The BCMR panel does have wide ability to hear cases so ultimately it's up to them but from the regulatory guidance, you are only allowed to pick on board to hear your case.

If you're concerned that the boards won't find in your favor and that they should, your best course of action is to make sure that you are within your 6 year statute of limitations for an appeal with the court of federal claims. If you're past that which if the PDBR is an option, you might be, then you're best course of action (IN MY OPINION) is to seek legal counsel because you likely only have one shot left. If you're past your 3 year statute of limitations, the BCMR can still decide to hear your case or if you're within the time frame to allow for the PDBR, they can still hear your case but if you're past the 6 year window, that's your final opportunity. Legal counsel may not always be cheap but if you really believe you're in the wrong and it's your final avenue for appeal, I would consult some form of legal counsel before proceeding.
 
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