Physical Disability Board of Review Update

carnelli53 said:
There are legal presumptions of good faith and regularity for DoD/VA (not sure if the DoD gets the regularity one, so don't quote me on that); not surprisingly there is a heavy burden on the Veteran in the case s/he wishes to overcome these presumptions.
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There is a presumption of regularity of actions at the DoD level (PEB/BCMR/PDBR). This means that the burden is on the member/Veteran to show error. If it were a "clean slate" and they were looking at a case without the burden, it would be a "de novo" (roughly translated from latin as "anew", "afresh" or "from the beginning").

I have been very busy these last few weeks, but will post on some of the issues with administrative appeals when I have a chance.
 
TBObie said:
I just talked to a gentleman at the PDBR physically, at telephone number 703-607-0222. I was writing considering that my board was one of the first docket #5. All of my documentation finally reached the board almost 3 weeks ago. It has already been boarded and is currently sitting at the President of the PDBR for his/her approval. Once approved it will then go the Navy(my service) for final adjudication. I was able to get this information after pleading. The gentleman I talked with actually does sit on some boards and was going to direct me to talk with the intake unit in Texas and we all know how that goes.

I was initially trying to pump for information about statistics but they do not have enough information yet. According to him, there is a report due to Congress in late December early January that will have a complete breakdown of how the boards have been going...I guess we will just have to wait and see.

Good luck to all.
Obie
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Obie,

I called that number you listed and the guy was a COL, he said he said he wasn't the one who could answer any of my questions (in a not so nice tone) and gave me another number that nobody answers. I guess I will just wait it out. :confused:
 
Does anyone know how long it takes when a claim is deferred back to the comp and pen Dr. for a medical opinion? How does that usually go for Degenerative Disk disease diagnosed 5 years after active duty? I do have back issues documented in my record but no xrays besides one a year after?
 
I have some information that I found out about the PDBR board:

There is a total of about 600 cases that people applied for PDBR. The USAF currently has about 60 of those cases. I was told that 12 cases for the USAF have been completed and 9 of those 12 were approved for retirement and with the DFAS Air Force Personnel to update the record. This is great news people. I do not know much about the other services, all I know is that the USAF is in charge of this and USAF claims are much faster than other branches. Example: The USAF if oneway street, just goes thru the AirForce for approval. All of the others go thru the Air Force then back to their services for approval. Basically Air Force Vets will have a quicker response. Once the PDBR has all required documentation, it should only take approx 3 months for results. The PDBR has started to speed up its process. GOOD NEWS AND KEEP YOUR HEAD UP!!! Also it doesnt matter what docket # that you are, Josh from the PDBR says that it goes in an express lane at the PDBR and that the PDBR rates in order, this is a bunch of crap! The truth is that, once the PDBR receives a completed package all documentation, it than goes in another que. Basically, they do not wait, they get them and process them.
 
MIKEQ5622 said:
I have some information that I found out about the PDBR board:

There is a total of about 600 cases that people applied for PDBR. The USAF currently has about 60 of those cases. I was told that 12 cases for the USAF have been completed and 9 of those 12 were approved for retirement and with the DFAS Air Force Personnel to update the record. This is great news people. I do not know much about the other services, all I know is that the USAF is in charge of this and USAF claims are much faster than other branches. Example: The USAF if oneway street, just goes thru the AirForce for approval. All of the others go thru the Air Force then back to their services for approval. Basically Air Force Vets will have a quicker response. Once the PDBR has all required documentation, it should only take approx 3 months for results. The PDBR has started to speed up its process. GOOD NEWS AND KEEP YOUR HEAD UP!!! Also it doesnt matter what docket # that you are, Josh from the PDBR says that it goes in an express lane at the PDBR and that the PDBR rates in order, this is a bunch of crap! The truth is that, once the PDBR receives a completed package all documentation, it than goes in another que. Basically, they do not wait, they get them and process them.
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Yeah, 9 out of 12 were approved, probably for an increase, but not an increase to give retirement. Probably like in my case 10% to 20%..woopie!! I heard of 1 out of 6 so far that has recieved a retirement and that was based on Anxiety & Depression!

I also read somewhere that the PDBR doesnt add any diagnosis to the MEB, they just find out if the previous MEB had an injustice on the prior diagnosis given. I have to go before the BCMR to add any diagnosis to my MEB, so im going to wait till the end of the month and then submit a BCMR claim to add Anxiety and Depression to my MEB. What do you guys think? Unless the BCMR picked up on that and added it to my case..Dunno!

I havent heard ANYTHING from the SECAF or BCMR on my PDBR Case since the PDBR letter of denial in August!! So im going to attach the PDBR evidence into my claim and state there was an injustice on this end but I still need Anxiety, Depression, and PTSD added since I have military and VA records stating I had all these issues heading into MEB and upon seperation.

My PEBLO lied to me and mislead me to believe that I could only put one diagnosis into the MEB Report. My NARSUM though filled out by my physician had in there Anxiety/Depression & Lower Back Pain.
 
My narrative summary list 2 diagnosis on the first page and 5 on the second page with the ICD codes.
 
MIKEQ5622 said:
Big Will,

9 out of 12 were approved for retirement and put on the PDRL
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Just curious, where exactly did you get the info? And thanks for posting it. This waiting and waiting with no idea of what's going on is truly frustrating!

EDIT: Oops, just re-read your post, Josh strikes again. I am surprised he told you all this. Last time I talked to him (early SEP 09) he sounded really guarded about giving out any statistics. In times past I have found him to be the only useful source of info out of the Texas office. He does seem to genuinely care that the applicants get justice.
 
I called the PDBR and talked to a supervisor of some sort and he said I could send in my records if I had them. I am suprised they would allow that but apparently they haven't received them so I am going to send them out and see what happens next. I will be sending Return Receipt Certified.
 
what number did you dial? I talk to Mr Espinoza and he wasn't any help and i called the 703 area code number and got nowhere. I'd like to see where i am in the process.

than ks
 
I call the following number :210-565-3256 and I have always gotten help. I have called a total of 3 times, and my status has not changed yet. I submitted over 2 months ago and I was told that they are still waiting for my records from USMC PEB and VA, even though I submitted all those papers.
I was also told that the process is @ 6 months. He did NOT tell me the stats on approval v denials. Anyways, there is the number, good luck, I think that we ALL need it!
 
Ladies and Gentlemen,

Straight from AFPC's website!

[FONT=&quot]Can I file with both the PDBR and BCMR/BCNR?[/FONT]

[FONT=&quot][/FONT][FONT=&quot][/FONT]
[FONT=&quot]If you file with the PDBR, you cannot ask your service BCMR/BCNR to review issues that the PDBR can consider; you must chose which forum you want to hear such issues. These issues are primarily: whether you should have received a higher rating for medical condition(s) that resulted in separation; whether you should have been found unfit and rated for other conditions that were considered in your DES evaluation. However, if you go to the PDBR, you can ask your service BCMR/BCNR to review other issues, such as whether other conditions should have been considered by the DES (but were not). If you do not go to the PDBR, you can ask the BCMR/BCNR to consider all of the issues relevant to your separation, including the conditions actually considered, those that should have been considered and the rating that was, or should have, been awarded. Thus, the BCMR/BCNR is a one stop forum whereas the PDBR is more limited in what it can and will review.[/FONT]


Im sending out another claim to the BCMR to add my Anxiety/Depression/PTSD to my MEB.
[FONT=&quot][/FONT]
 
You do not have to believe anything, I am as skeptical as you all are. I also have a claim pending with the PDBR board. Is this not an open forum? I found information out, so I thought that I would share it. This is not fair to say you do not believe it. I also was screwed out of retirement back in 03 with my MEB. When anyone posts any information, I take note! I will not share the information that I receive, especially if someone says they do not believe it. Remember, I am a veteran too!
 
MIKEQ5622 said:
You do not have to believe anything, I am as skeptical as you all are. I also have a claim pending with the PDBR board. Is this not an open forum? I found information out, so I thought that I would share it. This is not fair to say you do not believe it. I also was screwed out of retirement back in 03 with my MEB. When anyone posts any information, I take note! I will not share the information that I receive, especially if someone says they do not believe it. Remember, I am a veteran too!
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Mike you need to relax, this was not pointed towards you. I trust in you and your information you present to us. But I don't believe a word those people over in the PDBR say because they are only covering up their own operations.

Just like the VA you have to watch who you talk to because they lie out of their teeth and try to deceive you. Trust me brother, we are not saying anything about your integrity or information gathering, But any of these people that work for the governement are deceptive and must be treated as such.

These comments were only sarcasm towards the PDBR and their supposed statistics just to make them look good.

Sorry if it sounded like we were badgering you.
 
Jwilliams61735,

I've watched your video. You did a very good job explaining what has happened in your life over the past few years. Servicemembers and Veterans who see your video will take solace in the fact that someone else has experienced 'it all'. You put a very human face on the trials and tribulations of disabled Veterans, I think this will draw a curious eyebrow raise in our direction. This is a great thing you've done, thanks for having the courage to put it all out on the table.
 
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