Physical Disability Board of Review Update

[feasel79]

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..

Sounds like the DA form 199. If you still have your NARSUM you should compare the descriptions of your unfitting conditions to what the VA gave you. As the Army likes to do some of your conditions may have been rolled into 1 rating. That is what happened to me the first time around. If the VA version of your unfitting conditions add up to more than 20% than you have a grievance. If there are conditions that were listed as meeting retention standards that should have been unfitting than you need to have your records corrected by the Board of Corrections. I do not how it works with using both the PDBR and the Board of Corrections. The original guidance was that you could use one or the other not both but my PDBR results instructed me to apply to the board of corrections to try and get combat zone added to my 214.

Anyone have any more input on useing the two boards?

 

[Pasadena Hokie]

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?

I would be willing to contribute too if I am successful.

 

[Jason Perry]

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.

I think it is an interesting idea and since several have posted support, it may be workable. It has some very appealing elements, if I understand the goal to be to provide members/veterans with legal representation without upfront (or greatly reduced) costs to them. It also dovetails nicely with pursuing appeals at the Federal Court level, where victorious claimants can apply for the government to pay legal fees. I can see how fees might be structured to "replenish" the operating fund and to allow it to eventually be "self-sufficient." Of course, as a non-profit entity, it would also be eligible to receive individual, corporate, or government philanthropic grants/donations.

I will look into the filing and other requirements (there are separate legal concerns about structure of organizations that provide legal services).

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

Hard to say for sure (I am guessing at what they are thinking), but my thought is that there is a six year SOL for filing a suit against the Federal Government in many cases. But this is not a limit on what the BCMR or PDBR can do. A SOL will limit jurisdiction of a court to hear a case. But that is a separate matter as to what the remedy is for a denial of benefits from a previous period of time. Basically, you have to look at the statute and the regulation, but what they seem to be implying is wrong.

 

[black sheep 1]

Any word yet on how their treating Sleep Apnea?

 

[sarge632]

Thank You feasel

Ed

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.

 

[rhart13fox]

The form was the 199. I have already received an unfavorable decision from the PDBR. It stated the the ARMY has exhausted all its options but I may appeal it higher. My narsum listed the conditions but the board failed to do their job when it came to evaluating them. Which they admitted to..

 

[jpfalcetta]

No and when asked they stated they did not have any documentation.

Ed

I have documentation that my injury was combat related. I was discharged nov 06 is it too late. also lawyers serving warriors is not taking cases what a sham typical lying civillians who say they help us and care about us. just a front of bs to make themselves look good.
That site says they take cases of vets getting less than 50% for ptsd and help you get 50%. I told them I get 30% and want their help they told me to eff off basically they don't do that even though THEY SAY THEY DO!
what a joke.
anyway take care have a safe and happy halloween.
john

 

[Jwilliams61735]

I think it is an interesting idea and since several have posted support, it may be workable. It has some very appealing elements, if I understand the goal to be to provide members/veterans with legal representation without upfront (or greatly reduced) costs to them. It also dovetails nicely with pursuing appeals at the Federal Court level, where victorious claimants can apply for the government to pay legal fees. I can see how fees might be structured to "replenish" the operating fund and to allow it to eventually be "self-sufficient." Of course, as a non-profit entity, it would also be eligible to receive individual, corporate, or government philanthropic grants/donations.

I will look into the filing and other requirements (there are separate legal concerns about structure of organizations that provide legal services).


Hard to say for sure (I am guessing at what they are thinking), but my thought is that there is a six year SOL for filing a suit against the Federal Government in many cases. But this is not a limit on what the BCMR or PDBR can do. A SOL will limit jurisdiction of a court to hear a case. But that is a separate matter as to what the remedy is for a denial of benefits from a previous period of time. Basically, you have to look at the statute and the regulation, but what they seem to be implying is wrong.

Fantastic! Jason if you need any help, im good at organizing.

 

[wilsonle61]

I think it is an interesting idea and since several have posted support, it may be workable. It has some very appealing elements, if I understand the goal to be to provide members/veterans with legal representation without upfront (or greatly reduced) costs to them. It also dovetails nicely with pursuing appeals at the Federal Court level, where victorious claimants can apply for the government to pay legal fees. I can see how fees might be structured to "replenish" the operating fund and to allow it to eventually be "self-sufficient." Of course, as a non-profit entity, it would also be eligible to receive individual, corporate, or government philanthropic grants/donations.

I will look into the filing and other requirements (there are separate legal concerns about structure of organizations that provide legal services).


Jason,

Yes, that is exactly my concept of the fund! Reduced or limited upfront fees so veterans can gain access to competent legal representation. Of all those excellent points I overlooked the philanthropic grants/donations angle. Good point.

I currently work as a Court Deputy and my judge covers the civil docket here in my county. So I sit in on all the personnel injury, medical malpractice and other various civil litigation type cases. So I know the value of having a good lawyer. I see all the damage pro-se litigants do to themselves. Most of the time they lose a perfectly good case, just because they don't know the details of the law, rules of evidence, proper motions, etc.

Most of the civil attorneys work on contingency fees, which was how I came up with the idea for the fund.

I'll send you my personal email privately, so you we can stay in touch on this. I am really excited to hear that you think its viable.

And on another note. On my 6 year limit question I believe this is the law I was referring to:

"Under 31 U.S.C. § 3702(b) a claim must be submitted within six years of accrual. If it is not submitted within six years, the claim is barred and this Office does not have jurisdiction to consider it."

I think this rule is to prevent DFAS and other entities from having to maintain records of pay indefinitely. Also it encourages the timely filing of claims. I did a little more research on it and it does not appear to apply to BCMR type action. I'll let you know when DFAS figures it out.

DFAS informed me that their first goal is to start my retired pay, and then they will worry about computing any back pay due. Again I will update everyone as things happen so everyone can get an idea of the wait times involved.

 

[Jason Perry]

wilsonle61,

Thanks, I will e-mail you.

As for the statute:
31 U.S.C. § 3702:
"(b)
(1) A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except—
(A) as provided in this chapter or another law; or
(B) a claim of a State, the District of Columbia, or a territory or possession of the United States."

I think the bolded part is the key. The PDBR and BCMR statutes lays out the timelines. You met them. So, you should not have 3702 apply.

 

[guntruckhammer]

I wish I had more information to share here but havent heard anything since getting the approval letter. As soon as i have any new info I will post it here.

 

[seminole72]

DFAS is slow, i had a PCS this year and it took them a while to pay me my entitlements. I believe they are in the BRAC 05 process and moving some departments around. I am docket 144 and still haven't heard a peep. Hopefully it's a good sign, but then again, i've been waiting 11 weeks for the VA to pay my school the Post 9/11 G.I. Bill benefits.

 

[Jason Perry]

It seems to me that the docket numbers (at this point anyway) are not predictive of processing times. A few weeks ago, I received the results for a case in the high 100's.

This is speculation, but I think the speed of processing is driven more by availability of your records and complexity of the case than on the docket number.

 

[wilsonle61]

It seems to me that the docket numbers (at this point anyway) are not predictive of processing times. A few weeks ago, I received the results for a case in the high 100's.

This is speculation, but I think the speed of processing is driven more by availability of your records and complexity of the case than on the docket number.

Jason,

Yes I agree with you, that does seem to be the case.

I was docket #297. I believe the docket numbers are assigned by the PDBR in Texas (in the order the original applications are received). Then your request is held until all records are received, VA etc. My case was simple and I sent all the records directly to them. So your docket number has nothing to do with when your packet goes to the board in Washington for adjudication.

I sent my original request in early April and it was forwarded to the board in Washington in late June. The board convened in late July and ruled in early August. The PDBR board forwarded its commendation to the Army Review Board Agency in early September, and that agency concurred on 30 SEP 09.

I received notice of all this on 26 OCT, and I am now waiting on my corrected DD-214, amended orders, DFAS etc. I was advised it could be "several more months" till I actually receive any pay.

On the plus side it seems once your packet gets to the adjudication unit in Washington, they decide pretty quickly (within 30 days they have a recommendation). Then the decision has to wind its way back through the bureaucracy of the various services review boards agency (for final approval) and then to the service member.

********* FYI DFAS ********** I found a number for DFAS on the internet 317-510-6167. The people at this number are specifically tasked with corrections to pay resulting from review board actions. I called them last week and they told me that a technician had been assigned to my case as of 30 OCT. They said to call back in 7 days and they might have an update. I was also told the first priority is to simply get your monthly retired pay started. Then they go back and compute any back pay.

FYI

 

[rangerchuck]

When you say you sent copies of your records, were they your military medical records or your VA medical records or both?? I wouldn't mind helping the process along if I could send them these records. I photo copied all of my medical records before discharge. I have already sent in my application and VA release form about a month ago.

 

[seminole72]

Very true on the docket numbers. My records were completed and sent to the central adjudication facility on July 2nd, 2009. I have not heard anything since then. The capturing of all my records is completed and my stuff is up at Andrews AFB at the PDBR, like i just posted, since July 2nd, 2009. Maybe they made a decision and forwarded it to my service? I don't know, I know somebody who works at the CG Headquarters in Washington, D.C. He is going to try and see if my record ever was sent there. Medical boards from conception to final decision in the CG are taking 9 months right now, there is a huge backlog. I found DFAS very pleasant to work with, they have been very helpful to me.

 

[wilsonle61]

When you say you sent copies of your records, were they your military medical records or your VA medical records or both?? I wouldn't mind helping the process along if I could send them these records. ...... and VA release form about a month ago.

I sent the PDBR in texas a copy of my initial VA claims letter. The one that told me what conditions and percentages I was rated at and what I would be paid per month. And, I sent them my MEB findings. The document that tells the conditions the Army rated me for and at what percentage. I also sent the board a signed authorization to request my VA records.

What kind of confuses me as to your case, I was under the impression they would not send a case to Washington UNTIL they had all the records assembled in a COMPLETE packet. Maybe the adjudication unit in Washington required more information then was in the records sent forward from Texas.

Like I said before my case was basic. The Army found me unfit for DJD / Arthritis in my lower back and BOTH knees. They rated me 10% for the back and 0% for each knee. So the Army determined that all three conditions where unfitting. Nine months after discharge the VA rated me at 10% for each of the same unfitting conditions. Even in fuzzy VA math it came to 30%.

Although when I read their findings (PDBR) It seems they where aware I had knee surgery (VA), and other treatments (VA). They could only have found these if they had somehow received my complete VA record. (I did sign a release).

I did not send them my Army medical or VA medical records directly. But I have noticed that the Tampa/St. Petersburgh regional VA office is very efficient. Any time I have had a change in status or needed any records they where right on the ball. Luckily I have not had the problems with the VA that people in other regions seem to be experiencing.

And please remember, the PDBR, BCMR and most of the DOD administrative support seems to be largely run by DOD civilians. It has been my experience that the competence / motivation level of your average DOD employee is only slightly better then your average McDonald's fry cook. Well at least the fry cooks have a buzzer to remind them it's time to pull the fries out of the grease.

(My apologies to any fry cooks whose feelings where injured by my last comment. At least you guys work for your money!)

 

[guntruckhammer]

I called DFAS today. I was told that have received paperwork from the army board of review On October 20th. They said they have 30 days to act on it. My letter from the board was dated September 28. So it seems that things are moving in the right direction.

 

[seminole72]

Wilson,

I am a DOD Civilian. I do agree with you regarding most DOD civilians, heck this is the case with most government employees. I work in the IT field. The HR people are the worst, my boss tries to hire people but the people sit on the paperwork so long that the selectee for a position has found another job. My department is good and we act fast on customer support issues. I was offered a position with the DOD 2 times, and I had to call the HR person myself after waiting such a long time to find out what the heck was going on.
Good luck dealing with DFAS, they seem to be ok.

 

[wilsonle61]

Wilson,

I am a DOD Civilian. I do agree with you regarding most DOD civilians, heck this is the case with most government employees. I work in the IT field. The HR people are the worst, my boss tries to hire people but the people sit on the paperwork so long that the selectee for a position has found another job. My department is good and we act fast on customer support issues. I was offered a position with the DOD 2 times, and I had to call the HR person myself after waiting such a long time to find out what the heck was going on.
Good luck dealing with DFAS, they seem to be ok.

Before I became a Deputy Sheriff sitting in court and standing watch on the Judge, I was IT also. I had a lot of friends in DOD IT and they where all good hard working people. I think while still low that (DOD) IT pay is at least high enough to keep away the dregs.

Anyway I had a bad morning with a civilian clerk at the local USAR rapids ID card site (today) who seemed to have no idea what the permanent retired list meant (PDRL). She thought I was straight VA (I am at the moment USAR-Retired, until my official transfer to the PDRL). She would not add my new wife or update my ID card. I am now going to have to take a whole day off work and lug myself and my new bride all the way to Patrick Air Force Base (where they have military clerks) to update DEERS etc. I talked to a SSG there who assured me she could fix me up at Patrick. She had no idea why the clerks in Orlando where so thick.

I swear they even had a poster on the wall behind them (my 2 knuckle headed RAPIDS civilian clerks) that said exactly which ID card went with each category. (Active, Reserve, PDRL, TDRL, Dependent, etc.) I pointed right to it, argghhh.

Well last I checked that job was something ridiculous like a GS-3 paying all of 23K a year. Guess you get what you pay for. You know back in 1979 when I joined the Navy as an enlisted, everything was done by military personnel. Now most of it (admin especially) is contracted out or run by civilians, and long lines and poor service seem to be the norm. I can't help but get the feeling that if they turn our health care over to a civilian government bureaucracy it is going to end up running like the DMV or my friendly RAPIDS id card office. No politics (so don't flame me), just my thoughts at the end of a frustrating wasted day.

OH! and I have had good luck myself so far with DFAS. I am just wondering when I will see an updated DD-214, orders, etc??? I have no clue who to call to check on that one. I use my AKO account to keep tabs on my OMPF to see if that has been updated yet. So far no joy. The Army review board letter did say that it might take a few months.