Physical Disability Board of Review Update

Jason and Carnelli,

Thanks for the input. I also looked up a case in the ABCMR database and found one where DFAS tried to limit a soldier's back retired pay to six years. He appealed to the ABCMR and they actually granted him relief. I guess in a nutshell he had to prove to the ABCMR that through no fault of his own, it took over 6 years to get his retired pay instated. He was a Gray Area USAR retiree (Army Reserve Retired awaiting retired pay to start at his 60th birthday) and he actually applied for retired pay at age 64 ( you have to apply within 6 years of reaching age 60 or you lose a year back pay for every year past age 66 you wait). Anyway, it took the Army (big surprise) till he reached age 68 to get to paying him back pay. So DFAS tried to only pay him 6 years vice the 8 they owed him. Even though the regulation states you need only apply within 6 years to avoid losing any accrued retirement pay. DFAS justification was Title 31, U.S. Code, section 3702, also known as the barring statute.

So long story short it seems that a service BCMR can grant relief if it comes to that.

I was worried because the one DFAS technician who did not know how long it would take to get me paid, or what the next step was, did seem to think that the 6 year limit applied to me.

Thanks Again! This web site is irreplaceable.

And by the way, a huge thanks from myself personally to LTC Parker. If not for his dogged determination and years of effort fighting the machine. None of us would ever have seen a dime of our pensions. Not to mention smacking the PDBR down back in April when they tried to pull a duck and cover behind the same old rules they used to screw everyone over with before. Thank you just does not begin to cover it sir!

And Jason, it's a great thing you do. Giving advice and guidance via this website. And for no other reason then you truly believe that the most sacred trust bestowed on a commissioned officer, is to see to the welfare of his troops.

God bless you both!
 
I called HRC st louis yesterday, and was directed to a woman in Alexandria virginia. I tried to call her but she is out of the office until dec. 28. I will try to call her then
 
Looks like you and I have been on the same path lately. I called HRC and they aimed me at the lady in Alexandria, VA. I got a hold and she at first tried to aim me back at HRC St. Louis.

WARNING: I am in a different category then most of you out there. I did not take severance pay. I elected (since I had 24 years combined active and reserve time) to transfer to the USAR-Retired control group. Where I would sit pending my retired reserve pay starting at age 60. (Assuming I lived that long) :-) In short it means my records and control of me rests in St. Louis, for as long as I am USAR-RET.

Any way the nice lady in Virginia took my info and said she would do some research and call me back by Friday with any information she could dig up. Seeing as I am USAR-RET it puts me in a funny administrative type limbo. I am hoping all the rest of you have better luck. Seems in my case HRC ST. LOUIS and Alexandria, VA need to coordinate on my retirement. Something that may not apply to every one.

More info as I get it.

What a kick if they (Government) had to pay interest and penalties at the same rate as we would have to pay them to the IRS if we owed them $$$$.
 
Nine months after submission I finally got my letter that the PDBR has my packet. Now I have to wait again. Oh well I hope it comes back favorable.
 
I had a message on my phone last thursday from a Mrs. boyd in Alexandria, Va. Don't know why I missed the call but I will be calling her back this morning to see if she has any new info.
 
guntruckhammer said:
I had a message on my phone last thursday from a Mrs. boyd in Alexandria, Va. Don't know why I missed the call but I will be calling her back this morning to see if she has any new info.
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Thanks Gun,
Since I got the letter saying I got retirement about 2 months ago, I haven't heard a thing and I don't know where to start checking since I'm sure my paperwork will get lost or misplaced as the VA and DOD have done in the past. I called DFAS and after about 20 minutes the Person found my name on some data base and she said it might be a while till they get to it.
 
next month will be one year since i submitted my application to the PDBR. My application was sent to the adjudication unit in Washington, D.C. on July 7th, 2009. I still have not heard a peep. Maybe they are just getting swamped with cases now and being help up by lawsuits and stuff, this is ridiculous.
 
I got a random call from my great VA rep in Cleveland who told me that I had been granted my PDBR? Somehow the info went to her first before it made it to me. I then got a application from DFAS without requesting it for concurrent reciept, I am in the process of filling this out now. I sent my application in last Feb. The only indication I got that anything was going on was a call that I recieved from the DOD asking me if I had recieved severance. You would think someone would be able to trace a $30,000 payout?
 
Does anyone know is Traumatic Arthritis is rated seperatly from Degenerative disk disease? I think that I got shafted but not sure
 
Update on my case. PDBR issued my PDRL rating and I received the letter in Sept. I had contacted DFAS in Oct to update my address and see if they were tracking my case, I was told at the time they had the documentation and it was sent to DFAS Cleveland on Oct 12th 2009. I have heard nothing since. I called DFAS today and I was told that the case was still sitting in Cleveland for computation; however (Fred) said that he was overly concerned because it was in Cleveland way to long. He contacted his lead adjudicator to get an answer and also sent a message to Cleveland. I was told they will call me back when they find out what is going on in Cleveland. I am sure I will not hold my breath to this one. On another front I attempted to contact Mrs Katherine Mitrione at the Army Boards of Review ( she signed my final approval letter). I asked her why individuals who have gone through the PDBR and have been now placed on PDRL or TDRL do not have an ombudsmen who will represent them to get questions answered etc. She has read every one of my emails but she doesn’t respond to any of them. I also asked if she thought it was satisfactory that in her letter she said it could possibly take up to a year to get my benefits.

I also went another route and contacted the Warrior Transition Unit I was in before I was separated and I spoke with the individual who issued my DD214 and cut my orders and they have no idea what a PDBR is and what it does. They said I should probably contact DFAS hah!!!
 
One other approach I have taken today since I am fed up with this process is I have contacted the wounded warrior hotline (Service Members, families and caregivers can call 1-800-342-9647 or e-mail [email protected] 24/7 if they have concerns or questions during the recovery, rehabilitation and community reintegration.) During my recovery in Ft Gordon's WTU I had some issues that the chain of command had dropped multiple times and I had called this hotline and I recieved a resolution within 48 hours and several dozen follow up calls (actually to this day the best service and response from a military service). I am not sure if it is limited to the Army but I figured I still fall in the community reintegration category and I had been in the wounded warrior program before. In my email I simply asked for them to find me a POC so I can possibly get my DD214 and start using Tricare medical benefits. The pay is a seperate issue which I know will take some time but I cant beleive I cannot get Tricare benefits until they can figure that out seems crazy.
 
The wounded warrior hotline may have yielded some results already. Within an hour of my email I recieved 2 seperate phone calls from the call center. I asked if I can still qualify to use the service and they said yes since I was in the program already before I was seperated. The case worker asked a lot of questions regarding the PDBR and the current issues I was having in not being able to recieve my retirement benefits. He said it may take a few days for him to get me some answers but he promised to call me back in by early next week to give me an update. He gave me all of his information (a very good sign) and took all of my contact information as well. So this is a good start. About 30 mins later I recieved a follow up phone call asking some additional questions about my case. More to follow. Might be a good avenue since at least on the Army side we have recieved no support from our branch during this long process.
 
Hello Everyone,

I have docket number 365. I recently got a letter in the mail stating they they will transfer my application to the Joint Central Adjudication Unit for formal consideration by the PBDR. Any idea how long it takes from here. Also, I am currently receiving 60% disability from the VA. 50% Depression and anxiety, and 10% for a skin condition. I was originally discharged with 10% from the Army and given a severance. I was also discharged from Walter Reed prior to the big scandal taking place. The VA originally rated me at 10% from me just sending my records and filing a claim. A few months later is was raised to 20% for being seen for my skin condition. About a year later I enrolled in the Va health care system to get the card and take advantage of the 5 years of care that Bush signed off on for Combat Veterans. To make a long story short I went through the system and was interviewed by some doctors and they determined that based on that GAF score I think that's the name I fell into the 50% range and raised my disability. I know it states whatever rating they give you within a year, but I was unaware of allot of what the VA offers. Do you think the PDBR will take this into consideration. I got out as a SFC with 14 years, 3 months, and 8 days in the Army. What are my chances? Any insight would be appreciated. Thank You
 
Jason,

Today I received my PDBR results from the Navy...I received 30% and was put on the TDRL.
That is great news.
However, the letter stated the Navy partially accepted the PDBR results and they have upgraded me from 10% to 30%.
The main problem I have with the letter is that I was originally rated at 20% by the PEB back in 2008.
This shows alot of incompetence on their part, especially since they have had my information since January 16th last year.

Do I have any ability to see the PDBR results and see why the Navy only accepted part of their findings?

Thank you for all of your help.

Obie
 
Obie,

Congrats on getting retired! To answer your question, the only explanation you would likely find is the memorandum recommending a change (normally, the "Results" come in two parts, a cover letter announcing the decision of the Secretary and the underlying PDBR recommendation). Because there is not more of an explanation to be found, generally speaking, you would not be able to get more. If I have misunderstood something about your question, let me know. Be aware that it can take several months for them to accomplish all the changes to your records, issue new orders, and get DFAS to pay any due monies.
 
berdby said:
The wounded warrior hotline may have yielded some results already. Within an hour of my email I recieved 2 seperate phone calls from the call center. I asked if I can still qualify to use the service and they said yes since I was in the program already before I was seperated. The case worker asked a lot of questions regarding the PDBR and the current issues I was having in not being able to recieve my retirement benefits. He said it may take a few days for him to get me some answers but he promised to call me back in by early next week to give me an update. He gave me all of his information (a very good sign) and took all of my contact information as well. So this is a good start. About 30 mins later I recieved a follow up phone call asking some additional questions about my case. More to follow. Might be a good avenue since at least on the Army side we have recieved no support from our branch during this long process.
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For those who have been separated from the Army and was later placed on TDRL or PDRL by the PDBR I have worked now with the wounded warrior case workers and MEDCOM Ombudsmen who have got my issue corrected and looks like everything will now work out. The process should go as follows when you receive your decision letter from the PDBR approving your TDRL or PDRL you must contact the transition point that issued your orders and your DD214 when you were originally separated and out processed the Army (also it may help to contact the Warrior Transition Unit you were in before you were separated). When talking to transition ask for the person who handles retirements (DD214) and let them know that you had a change of your retirement status and you are now TDRL or PDRL. If they don’t have a copy of the paper work (they should) send them a copy. Once you have your new orders cut and a updated DD-214 the transition point will forward the paperwork to DFAS Indianapolis (or to expedite you can just fax the copy yourself). DFAS will then send the paperwork out for calculation to DFAS Cleveland to adjust pay (adjustments for VA pay, CRSC, severance, etc). The DFAS step will take the longest and there will be a lot of questions. Keep in mind this is what should have happened when the Army review boards approved the PDBR’s decision but of course there was not follow up on the Army’s part and the decision letter doesn’t give a poc except for DFAS Indianapolis who can’t do anything without your orders. In the meantime while you wait for DFAS, you can start the process for other benefits as long as you have the new orders and DD-214 (Tricare, ID card, etc). Again if you went through the wounded warrior program at one point call them and they will be such a huge help. They cannot help push the case through the PDBR but they can help once you get the decision letter back and you have been retired. The case workers there are the best and they have had this issue solved in less than a week for me.
 
Yesterday i was able to reach Mrs. Boyd at the Army Disability Agency. She tol me that everything at her end was done and is just waiting on amended orders from my last transition point which was ft leonard wood. She told me that the amended orders should have been done last week. She said she would call them the same day and that I should call her back on Friday.
 
Here is another update. I got a call today from a Ms Preston at the Army disability agency. She said the hold up was that my last transition point, ft wood, couldn't find my orginal discharge orders and wanted to know if i had a copy to fax to her. So I did fax her my copy. She called me 10 minutes later and told me she had the fax and she would take care of it and she would call and let me know it goes.
 
I received a letter today FED EX, I am retired at 30% from the Air Force. I received the PDBR recommendations along with a signed letter from Office Sec of Air Force. I was discharged at 10% for Asthma and retired at 30%. My other conditions that were on my PEB were not rated, PDBR said that they were not unfitting at the time. The letter did mention that I could go to the BCMR for the others. I thought that all would be rated considering I was service connected to them(the ones not unfitting at the time) Anyway, I am very happy that I have this exciting news and some closure, 30% with benefits, I will take it:) Steps I found out to take,for Air Force:
Complete the Survivors benefit form, the decision letter will give you a number to call at the Air Force Personnel Center.

Once you mail the letter, the process starts with the Survivor benefit personnel. As far as I am told, for Air Force Personnel everything is completed right at Randolph AFB. The sooner you get the SB form mailed to the people the quicker the process goes.

When my file was mailed to the PDBR on December 4th and the decision was date stamped Jan 13 and I received it in the mail today Jan 20, this is to give more of a time frame.I applied 1 year ago 4 days ago. Basically when it reaches the board its quick, at least in my case.

Does anyone know if the BCMR would take all service connected disabilities into account that were on my initial PEB?

Can I enroll in tri care with the decision letter that I have or do I have to wait for my DD 214?

People this is the truth, people are receiving retirement and best of luck for everyone
 
congrat bro, Yes people(veterans) are getting what we DESERVE,retired, i hope all of us who has suffered for so long under a injustice system get the justice we ALL DESERVE, this fight is not over as yet BECAUSE even though we are the LUCKY ONES who recieve a retirement, other VETERANS out there is not as luck, and they got screw out of their duly rights,as ALWAYS, LETS LEAVE NO ONE BEHIND,ONCE again congrats to you
 
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