Physical Disability Board of Review Update

Here ia letter that explains where I'm currently at with a MEB that went terribly wrong. I started a thread on it and then found this thread. If it doesn't belong here please move.

Thanks
Ed

Here is part of a detailed letter I sent to Senator Feinsteins office today. I had broken time during my career which explains the gaps and the jumping between the USMC and the AF. Hope this answers some of the questions. All I wanted was to retire. I was selected for Gy and was discharged before I could put it on.


I was discharged from the United States Marine Corps in August 2009 after serving more than 17 years. The reason for my discharge was the result of a Medical Evaluation Board (MEB).

I enlisted in the United States Marines in 1984 and served on active duty until 1995 when I was Honorably Discharged. In Dec of 2002 I enlisted in the Air Force Reserves and served almost 4 years. It was during this time that I served a tour in Iraq. In December 2006 I was able to transfer to the USMC Reserves and it was during this enlistment that I was discharged.

I served in Iraq in the United States Air Force Reserves from February 2004 until the end of September 2004. During my tour I was injured by an Improvised Explosive Device (IED) and was also injured in a mortar attack.. It was a result of those injuries that I was discharged from the Military through the MEB board process.

Through the MEB board it was determined that due to my injuries I was no longer physically able to remain in the military. The Naval Medical reviewing officer recommended that my MEB package be referred to the Physical Evaluation Board (PEB) for further review. My package was not referred to the PEB, instead I was immediately processed for discharge. In my case the MEB reviewing officer noted that I was discharged for injuries I received in Iraq and during my years of service in the military. (TBI, PTSD, Degenerative disk and joint disease, nerve damage in arms and back.) I was 70% VA disabled when I passed an enlistment physical to go back into the USMC, in 2007 I was increased by VA to 90% disabled.

I have all the documents from the MEB board and letters from a Congressional Investigation I initiated with Congressman McClintok’s office. In these documents is a letter stating that I waived my rights to a PEB and that is why I was discharged with no benefits and not evaluated in the PEB process. I have no idea why the military is saying that I waived my rights to a PEB and when Congressman McClintok’s office and I asked for documentation showing how and why I waived my rights, I was told that they (the USMC) had no documentation. I additionally requested that Congressman McClintok’s office request a letter from the USMC stating how the USMC arrived at the conclusion that I waived my rights, Congressman McClintok’s office said that they could not do that.
 
sarge632,

Welcome to the forum! Sorry to hear of your circumstances, you should be able to find some good advice and resources here.

One piece of advice I would have for you is chronologically listing your military career (with reasons for periods of active service ending, deployments, injuries, dates of VA ratings, etcetera) so you have a 'baseline' to refer to. You could even start a new thread once you get a chronology going and it would allow the 'experts' on here to get a good look at what happened and identify the events that are possibly of issue.

With that being said, I will try and address what I can in your post.

Through the MEB board it was determined that due to my injuries I was no longer physically able to remain in the military. The Naval Medical reviewing officer recommended that my MEB package be referred to the Physical Evaluation Board (PEB) for further review. My package was not referred to the PEB, instead I was immediately processed for discharge. In my case the MEB reviewing officer noted that I was discharged for injuries I received in Iraq and during my years of service in the military. (TBI, PTSD, Degenerative disk and joint disease, nerve damage in arms and back.)
Click to expand...

This is the first thing that jumps out at me. Particularly where your 'package was not referred to the PEB'. Also, the continuity of branch personnel.

I served in Iraq in the United States Air Force Reserves from February 2004 until the end of September 2004. During my tour I was injured by an Improvised Explosive Device (IED) and was also injured in a mortar attack.. It was a result of those injuries that I was discharged from the Military through the MEB board process.
Click to expand...

I've bolded the ambiguous area for me. Were you discharged from the Air Force Reserve after your injuries incurred during deployment prior to enlisting in the USMC?

You say 'MEB board process,' did you complete the process on the AF side? Did you receive a rating from the Air Force PEB?

If not, how did your Air Force period of enlistment come to an end?

Through the MEB board it was determined that due to my injuries I was no longer physically able to remain in the military. The Naval Medical reviewing officer recommended that my MEB package be referred to the Physical Evaluation Board (PEB) for further review. My package was not referred to the PEB, instead I was immediately processed for discharge. In my case the MEB reviewing officer noted that I was discharged for injuries I received in Iraq and during my years of service in the military.
Click to expand...

Were you told by a PEBLO, doctor, or anyone why your package was not referred to the PEB while you were still in the military? What were the findings of the MEB (i.e. does not meet retention standards, etc).

Was the USMC aware of your VA rating and injuries upon your reenlistment in 2006?

Sorry for all the questions, I just want to be sure of the facts of your case so I (and the others on here more insightful than I) can point you in the right direction.
 
Nothing in the mailbox today. I guess a long wait and no news is good news, maybe? :confused:

I am busy trying to get my Post 9/11 G.I. Bill payment which has been sitting with a processor for 10 weeks now.

Have any of you been keeping up with this? This is outright ridiculous the way the VA implemented this program. Somebody should be fired over this.:mad:
 
carnelli,

Answers are in red.

Ed

carnelli53 said:
sarge632,

Welcome to the forum! Sorry to hear of your circumstances, you should be able to find some good advice and resources here.

One piece of advice I would have for you is chronologically listing your military career (with reasons for periods of active service ending, deployments, injuries, dates of VA ratings, etcetera) so you have a 'baseline' to refer to. You could even start a new thread once you get a chronology going and it would allow the 'experts' on here to get a good look at what happened and identify the events that are possibly of issue.

With that being said, I will try and address what I can in your post.



This is the first thing that jumps out at me. Particularly where your 'package was not referred to the PEB'. Also, the continuity of branch personnel.



I've bolded the ambiguous area for me. Were you discharged from the Air Force Reserve after your injuries incurred during deployment prior to enlisting in the USMC? No, I did an interservice transfer from the AF Reserve to the USMC Reserve.

You say 'MEB board process,' did you complete the process on the AF side? Did you receive a rating from the Air Force PEB? MEB board was initiated by the USMCR

If not, how did your Air Force period of enlistment come to an end?
I transferred to the USMCR



Were you told by a PEBLO, doctor, or anyone why your package was not referred to the PEB while you were still in the military? What were the findings of the MEB (i.e. does not meet retention standards, etc).

It was determined that I did not meet retention standards due to my injuries and through the Congressional investigation I was told that I waived my rights to the PEB

Was the USMC aware of your VA rating and injuries upon your reenlistment in 2006?
Yes, I drilled for retirement points only, no pay

Sorry for all the questions, I just want to be sure of the facts of your case so I (and the others on here more insightful than I) can point you in the right direction.
Click to expand...
 
I have a question I need help with.
I know that my case was denied but is it true that they were NOT supposed to recoup my severance? can someone please answere that one for me. Take care and good luck everyone
 
jpfalcetta,

If you received severance pay from the PEB, the VA will recoup the full amount (unless combat related).

sarge,

It was determined that I did not meet retention standards due to my injuries and through the Congressional investigation I was told that I waived my rights to the PEB
Click to expand...

Did they provide any documentation showing that you did in fact waive your rights to the PEB?
 
No and when asked they stated they did not have any documentation.

Ed

carnelli53 said:
jpfalcetta,

If you received severance pay from the PEB, the VA will recoup the full amount (unless combat related).

sarge,



Did they provide any documentation showing that you did in fact waive your rights to the PEB?
Click to expand...
 
seminole72 said:
that is the million dollar question. i think they will still recoup the difference between your severance and what your retirement would have been. i had over 10 years in and was an e6 as well. what was your dockett number?
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My dockett number is 345
 
Mine was combat related and the VA is taking out my severance for payback. The only thing I received because of combat was that my severance was tax free. No I am hearing on this board that because my injuries were combat related the VA shouldnt be recouping? Can someone clear this up?
 
jpfalcetta said:
I have a question I need help with.
I know that my case was denied but is it true that they were NOT supposed to recoup my severance? can someone please answere that one for me. Take care and good luck everyone
Click to expand...


Unless your injury is listed as combat related in a combat zone you are required to recoup your severance.
 
guntruckhammer said:
Mine was combat related and the VA is taking out my severance for payback. The only thing I received because of combat was that my severance was tax free. No I am hearing on this board that because my injuries were combat related the VA shouldnt be recouping? Can someone clear this up?
Click to expand...

You need to check your VA Disability rating and see if the VA found you combat related. If they did not then there is your problem. You need to get it corrected.
 
sarge632 said:
No and when asked they stated they did not have any documentation.

Ed
Click to expand...

There is an organization in Washington DC called Lawyers for warriors. They are civilian lawyers who take on cases for soldiers and vets for free. Here are the numbers. Front desk 202-265-8305 ext 161.
 
Not to confuse the issue further, but, cases decided post Jan 28, 2008 at the original PEB should not be recouping severance for those cases where the injury or disability was incurred in a combat zone (though, I need to re-check the 2010 NDAA and see if they have changed the definition of combat related). This may mean that depending on the situation, a change to retirement finding at BCMR or PDBR may end up having an offset.

I think the simplest way to state a rule on this is that if you are changed to retirement from severance, they will recalculate your due or owed amounts as if you were retired on the effective date, and credit you with anything you were not paid for retirement and deduct anything you were paid for severance (taking into account amounts that were offset or recouped from VA compensation). In some cases, there will be no restoration of retirement, in others there will be CRDP or CRSC that were not available in the severance pay situation. Clear as mud, right? I think the point is that each case has to be examined to determine the proper outcome.

feasel79,

A few members have recently posted that Lawyers Serving Warriors were not taking PDBR cases. Have you had a different experience?
 
...I think the point is that each case has to be examined to determine the proper outcome.

How very true (LW)

Jason,

Is there someway to start a 501c3 (may be wrong part of tax code) tax exempt fund for legal assistance to military denied or going up for PDBR?

I would be willing to kick in some $$$ from my back pay (when I see it, may be awhile) to get the fund started. You could use the $$$ to cover your fees/expenses. And maybe charge a contingency fee for cases you win, so that you are not doing this completely out of hide. That and to keep the fund replenished.

Maybe that way those of us without a JD could feel like we where being of some use to our fellow vets.

Just a thought.

And I have one question. Since I was released from active duty in July 2002, DFAS told me a 6 year statute of limitations may apply. In other words I am limited to 6 years back pay. They said they where not sure, but would let me know later. (like 1 to 4 months). I have researched the applicable statute. I am pretty sure it does not apply to PDBR or BCMR actions. Are you familiar with this? What is your take?

Thanks!

Larry
 
Thanks for the info Jason. The injury that put me out happened on a combat convoy in Iraq. this was November 2004 and I was med boarded August 2006. I just figure I have to wait and see how things shake out.
 
I need some help setting up a poll. I received an MEB in 2005 when the determination came down I was only given one peice of paper to sign out of 50. In the MEB packet which I found on my OMPF after I waived my right to a formal board. The board had stated I had mulitple unfitting conditions but since they were not listed they would not mention them. The poll I would like to set up is to find out how many people were only showed one page which consited of the rating. I feel that they withheld information from me to make an informed decision on my rating. I would like to have numbers when I present this to a lawyer. This also comes after I have received a decision from the DOD PDBR Board. Thank you.
 
rhart13fox said:
I need some help setting up a poll. I received an MEB in 2005 when the determination came down I was only given one peice of paper to sign out of 50. In the MEB packet which I found on my OMPF after I waived my right to a formal board. The board had stated I had mulitple unfitting conditions but since they were not listed they would not mention them. The poll I would like to set up is to find out how many people were only showed one page which consited of the rating. I feel that they withheld information from me to make an informed decision on my rating. I would like to have numbers when I present this to a lawyer. This also comes after I have received a decision from the DOD PDBR Board. Thank you.
Click to expand...

What was the form number of the paper you signed?
 
I'm not sure the exact form all I know is that it just had a rating and a couple of places to initial waiving a formal hearing and accepting the decision. I will try to find out the form today. And while I was reveiwing the from I was told not to worry about as the VA would take care of me..
 
wilsonle61 said:
...I think the point is that each case has to be examined to determine the proper outcome.

How very true (LW)

Jason,

Is there someway to start a 501c3 (may be wrong part of tax code) tax exempt fund for legal assistance to military denied or going up for PDBR?

I would be willing to kick in some $$$ from my back pay (when I see it, may be awhile) to get the fund started. You could use the $$$ to cover your fees/expenses. And maybe charge a contingency fee for cases you win, so that you are not doing this completely out of hide. That and to keep the fund replenished.

Maybe that way those of us without a JD could feel like we where being of some use to our fellow vets.

Just a thought.

And I have one question. Since I was released from active duty in July 2002, DFAS told me a 6 year statute of limitations may apply. In other words I am limited to 6 years back pay. They said they where not sure, but would let me know later. (like 1 to 4 months). I have researched the applicable statute. I am pretty sure it does not apply to PDBR or BCMR actions. Are you familiar with this? What is your take?

Thanks!

Larry
Click to expand...

Awesome idea Wilson, I would be willing to kick a huge chunk of my back pay if I were to get it, but even if I don't I'm still willing to help financially. Plus I have 250 people on Facebook and more coming that would donate to the cause.

Whats your take on it Jason?
 
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