Below is a posting I made on the DoD Heath Affairs website directed at Secretary Gates on the PDBR.
Mike
While I believe you are sincere in your commitment to wounded warriors, the actions of your staff shows a severe lack of commitment for doing the right thing for wounded warriors.
DoD has continually interpreted disability laws to do the least for the wounded warriors. It was this money first, soldiers last culture that lead to the Walter Reed problems and this culture is unfortunately still alive and well despite promises of reform. When it comes to disabled service members, there are only two things DoD will do; What they want to do and what Congress makes them do. DoD has not done much on their own and when Congress creates new disability laws, DoD continually interprets them so that they can delay, dilute or distort the mandate of Congress in order to save money at the expenses of wounded warriors.
The new Physical Disability Board of Review (PDBR) is a perfect example of this problem. Congress passed the law creating the PDBR in the 2008 NDAA. Congress did this because the disability evaluations system used dishonest, if not criminal, techniques to lower disability ratings below 30%. By keeping these ratings below 30%, DoD avoided having to pay disability retirement benefits. The PDBR was created to correct these bogus DoD disability rating determinations.
Since the PDBR law was signed into effect via the 2008 NDAA, DoD has done nothing but slow roll implementation and poison the PDBR process. DoD is clearly doing this to save money at the expense of our wounded warriors. How can you continue to state wounded warriors are your second highest priority if your staff continues to delay, dilute and sabotage the PDBR and other DES reforms?
Here are a few examples of PDBR problems:
1. Congress mandated in law that DoD would have the PDBR up and running by 28 April 2008. To date, the PDBR has yet to accept an application let alone review a case. Your second highest priority is getting very little priority from your staff.
2. DoD recently posted an update to the PDBR (
MHS - Physical Disability Board of Review (PDBR)). Integrated into this announcement are DoD plans to further screw the wounded warrior. DoD has stated that if the PDBR process corrects the disability rating leading to higher disability benefits, they will not allow retroactive payments. This is absolute crap! DoD and the Services were getting away with dishonest, if not illegal, techniques to lower ratings and deny disability benefits. They got caught and Congress took action to correct the past. Now DoD is stating that if the PDBR determines a wounded warrior’s rating was not compliant with law, they will not make back payments to rectify the mistake. DoD has wired the PDBR such that the longer it takes them to get the PDBR up and running, the less money they have to pay to wounded warriors. DoD is already 6 months past the 28 April deadline established in law. Secretary Gates, is this really your intent?
3. When Congress created the PDBR, they stated the intent was “to review the disability determinations of covered individuals by Physical Evaluation Boards.” There were many “techniques” the Service PEB’s used to lower disability rating below 30%. Again, DoD has diluted the intent of Congress by limiting the PDBR to a review of just the DoD rating as compared to the VASRD rating criteria. They have prohibited the PDBR from looking at other factors that lead to artificially low disability ratings such as cherry picking which disabilities are deemed unfitting and rated. Your staff is once again doing the least possible for wounded warriors.
4. The DoD instruction for the PDBR indicates they will not be applying the legal requirement to rate unfitting conditions per the Veterans Administrations Schedule for Rating Disabilities (VASRD). It appears DoD will only rate conditions per the VASRD for decisions decided after 28 January 2008, the date the 2008 NDAA was signed into law. The law (10 USC 1201, 1203) and several court decisions have always required DoD to rate unfitting conditions per the VASRD. Instead, DoD and the Services created substitute rating criteria and policies (despite the fact the DoD General Counsel opinions stating such criteria was illegal) to avoid having to give ratings of 30% or more and paying higher disability benefits. Now it appears that DoD has arranged it so the PDBR can continue to apply illegal DoD substitute rating criteria and policies thus continuing to deny legally due disability benefits.
Secretary Gates, actions speak louder than words and your staff’s actions do not match your words. For the sake of wounded warriors, do something about it.
From November of 2005 to the September of 2006, I wrote several emails and letters and conducted briefings with Army and DoD DES officials illuminating grave concerns with the DES. They refused to do a damn thing about it. In September 2006 I wrote the Washington Post about my concerns and they in turn launched a four month investigation that resulted in the story you and the nation found so disturbing. You should know your staff new about the Washington Post involvement back to at least October 2006 when I personally notified DoD that I had contacted the press due to their lack of action. Again they refused to take any action and DoD and the Army took a big hit that could have been easily avoided by doing what all leaders should do; take care of the service members, especial those who become disabled while serving this country.
It has been almost two years since the Walter Reed story broke and I find that not much has changed in the DoD culture. I have found the only way to get DoD and the Services to do the right thing is to go to the press and expose them. It is truly shameful that the only problems that get fixed are those that get the attention of the press. It is a lesson I have learned and relearned over the past 3 years. The inaction and shenanigans of your staff compels me to redouble my efforts to expose wounded warrior issues in the press so that they can be properly addressed. Of course, I would very much prefer for DoD do the right thing the first time on their own.
The PDBR issue is just the tip of the iceberg of issues where DoD continues to do the least possible for wounded warriors. I am standing by to brief you on other DES issues at your convenience.
V/R,
Michael Parker
LTC, USA (Retired)