i heard today from my Senators office that Andrews still has my docket, no 144. I am restless over it, i don't know why it is taking 4.5 months to make a yea or nay. I could use some peace of mind either way. This is nuts.
Physical Disability Board of Review Update
- Thread starter Jason Perry
- Start date
Latest update. Talked to DFAS today and they said the Cleveland, Ohio branch of DFAS now has it. Seems they have to compute how much the VA has paid me over the years so they can compute my net back pay / current monthly retirement pay. (I never took the lump sum as that would have voided my reserve retirement at age 60).
The lady there said it could take 1 month to 1 year. Also I found on the Army Review Boards web site, that DD-214 corrections take "up to 120 days" to process.
Well at least I know I was approved. Looks like it's time to just sit back and wait.
The lady there said it could take 1 month to 1 year. Also I found on the Army Review Boards web site, that DD-214 corrections take "up to 120 days" to process.
Well at least I know I was approved. Looks like it's time to just sit back and wait.
My record was corrected by the BCNR to show I was transferred to the TDRL vice to the IRR. Below is an excerpt from an email I got from DFAS that explains who calculates what.
So basically, the calculations are split between Indianapolis and Cleveland. I am not sure if this means you will get two separate checks or not. I only received one check from DFAS-Indianapolis because as stated above, no pay was due from DFAS-Cleveland. Note that you will get a paper check for the back pay.
To clarify the timeline, my BCNR case was decided in mid-Jan. and was given final approval by a designee of SECNAV in mid-Feb. Then it took until mid-April (about 2 months after SECNAV approval) for DFAS to set up my retirement account. The back retirement pay check I received from DFAS was dated in early May. If your back pay is not tax-free, you will also receive an IRS 1099 (I think that is the right number) form for your taxes.
Another thing I learned in dealing w/ DFAS and BCNR is that DFAS is getting rid of their contractors (from Lockheed) and will bring a lot of their outsourced functions back in-house.
Edited to add: For the DD-214, I received an administratively reissued copy from the Navy Personnel Command in mid-May. It was SO FULL OF MISTAKES. I pointed out at least 10 errors to the lady at NPC who prepared it and made her fix the errors and send me a new version of the corrected version. I would HIGHLY recommend getting a copy of your branch of service's instruction on how to prepare a DD-214 and go over your corrected version with a fine-toothed comb. In the Navy, the instruction you want is currently BUPERSINST 1900.8C. After all corrections are made, I would recommend obtaining a copy of your OMPF. In the Navy, you can request that NPC send you your OMPF on CD, or I believe you can log in to BUPERS online and use the WERR, although I cannot confirm use of the WERR since I am not on active duty so I do not have a PKI certificate/CAC card.
email excerpt I got from DFAS said:
So basically, the calculations are split between Indianapolis and Cleveland. I am not sure if this means you will get two separate checks or not. I only received one check from DFAS-Indianapolis because as stated above, no pay was due from DFAS-Cleveland. Note that you will get a paper check for the back pay.
To clarify the timeline, my BCNR case was decided in mid-Jan. and was given final approval by a designee of SECNAV in mid-Feb. Then it took until mid-April (about 2 months after SECNAV approval) for DFAS to set up my retirement account. The back retirement pay check I received from DFAS was dated in early May. If your back pay is not tax-free, you will also receive an IRS 1099 (I think that is the right number) form for your taxes.
Another thing I learned in dealing w/ DFAS and BCNR is that DFAS is getting rid of their contractors (from Lockheed) and will bring a lot of their outsourced functions back in-house.
Edited to add: For the DD-214, I received an administratively reissued copy from the Navy Personnel Command in mid-May. It was SO FULL OF MISTAKES. I pointed out at least 10 errors to the lady at NPC who prepared it and made her fix the errors and send me a new version of the corrected version. I would HIGHLY recommend getting a copy of your branch of service's instruction on how to prepare a DD-214 and go over your corrected version with a fine-toothed comb. In the Navy, the instruction you want is currently BUPERSINST 1900.8C. After all corrections are made, I would recommend obtaining a copy of your OMPF. In the Navy, you can request that NPC send you your OMPF on CD, or I believe you can log in to BUPERS online and use the WERR, although I cannot confirm use of the WERR since I am not on active duty so I do not have a PKI certificate/CAC card.
Thanks for all the good information. I had also heard about them ceasing the outsourcing of certain DFAS operations.
I was Active Navy at the start of my career (FC1 / E-6) and Active Army at the end (MAJ / 04). They really only have to change all of 2 lines and a couple of codes on the DD-214 to reflect TDRL vice IRR or USAR Reinforcement Retired Control Group. You think ARPERSCOM or BUPERS would just boilerplate your original 214 and then make the necessary changes.
But thanks for the info and time lines. I am hoping the change at DFAS from contractors to DOD civilians won't slow things down too much. But hard to tell how that will play out. And I will go over my new DD-214 carefully. Thanks for that heads up also.
OH BTW, how did you get an email from DFAS? Did you send them one, and they replied? And what was the DFAS email address?
I was Active Navy at the start of my career (FC1 / E-6) and Active Army at the end (MAJ / 04). They really only have to change all of 2 lines and a couple of codes on the DD-214 to reflect TDRL vice IRR or USAR Reinforcement Retired Control Group. You think ARPERSCOM or BUPERS would just boilerplate your original 214 and then make the necessary changes.
But thanks for the info and time lines. I am hoping the change at DFAS from contractors to DOD civilians won't slow things down too much. But hard to tell how that will play out. And I will go over my new DD-214 carefully. Thanks for that heads up also.
OH BTW, how did you get an email from DFAS? Did you send them one, and they replied? And what was the DFAS email address?
You would think, but you'd be wrong.
Ha, this is so sad it is funny. I found a page on the DFAS website where you could submit questions to customer service. I submitted my question and received a form email stating DFAS had received my question and would respond within 30 days. I waited 2-3 weeks and then called the generic 1-800 number to find out the status. The man I spoke with was very nice but since my case was kind of complicated he couldn't really help me because he couldn't find any of the relevant info in his computer. He also admitted to me that HE DIDN'T EVEN KNOW IT WAS POSSIBLE TO SUBMIT QUESTIONS VIA THE DFAS WEBSITE. Um, hello? He recommended that I write a letter on a piece of paper and mail it to DFAS because then it would be entered in the computer and could be tracked. I decided to give DFAS the benefit of the doubt and waited the rest of the 30 days just to see if they would respond to my website inquiry. They didn't, so I wrote a letter and mailed it. I included my email address and cell phone number in the letter. I was really surprised that I received the email I quoted in my previous post within just a few days of DFAS receiving my letter. So sad as it may be, I would have to say that writing a letter on a piece of paper and snail mailing it actually turned out to be the fastest, most straightforward way for me to get my questions answered by DFAS.
Navy1305,
It is sad that snail mail is the way to go. But, when you or anyone respond via (paper mail) or snail mail (registered of course) may be the best way to go, get it registered. I have found this out the hard way, although I had a positive outcome, it is better than sending a digital letter. If and when anyone sends a letter to or through the DoD and VA system, ensure that the letter is registered. Good luck to all and God Bless. Until then.
VR,
Franky
It is sad that snail mail is the way to go. But, when you or anyone respond via (paper mail) or snail mail (registered of course) may be the best way to go, get it registered. I have found this out the hard way, although I had a positive outcome, it is better than sending a digital letter. If and when anyone sends a letter to or through the DoD and VA system, ensure that the letter is registered. Good luck to all and God Bless. Until then.
VR,
Franky
jason, after I was denied you told all of us if we have a good case to keep fighting.I asked you how I do that since the paper work says I have no recourse.I am still waiting for your answer.How do I keep fighting when the bell has rung and the fight is over.I am asking for help and direction here.
Jason Perry
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The next step is to go to Federal Court (likely the US Court of Federal Claims). I don't know what you filed for your PDBR claim, but I saw this from one of your earlier posts:
Seems to me that if you should have been at least rated at 50% and placed on TDRL for PTSD under 38 CFR Section 4.129. The other conditions sound like you may have an argument (it will be very important what your VA award letter has to say about your ratings and the basis for them). The issues that I see possibly blocking your success is if your conditions worsened post service and if they were not unfitting.
is ther an email I can email you my findings? they said since the army did NOT med board me for ptsd that they did not consider it. total screw job in my view. also should they va BE GIVING ME 50% FOR IT ANYWAY?
man Iam totally devasted by this terrible screw over. I cannot afford a lawyer to fight this.
The findings were done one day after my discharge so there is no way it worsened post service. this was a joke bro and Im not sure what to even do.
they said that there was no formal diagnosis of ptsd from the army but yet they perscribed me prozac. anyway its a mess for me. thanks how do I get to the federal court?
John,
I am sorry you didn't get what you were deserving. The Army gave you 20% for you elbow then the VA gives you 30% for the same thing? Was that what they gave you as your first rating at discharge?
Hopefully you can sue in federal court. I'm not sure how to do this or what a veteran lawyer would charge but look over at www.vawatchdog.org, there are several veteran law firms posted over there.
Good luck!
Seminole Dale
I am sorry you didn't get what you were deserving. The Army gave you 20% for you elbow then the VA gives you 30% for the same thing? Was that what they gave you as your first rating at discharge?
Hopefully you can sue in federal court. I'm not sure how to do this or what a veteran lawyer would charge but look over at www.vawatchdog.org, there are several veteran law firms posted over there.
Good luck!
Seminole Dale
Jason Perry
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John,
I sent you a PM with my e-mail.
If your PTSD was unfitting, then yes, you should have gotten a 50% temporary rating (plus benefit of the "Rating protection" regulations that require certain steps before they reduce a rating.
There are no easy answers on the lawyer issue. All lawyers are not the same, in the first place. Think of it like doctors. If you have a heart problem, going to a podiatrist may not be much help in the long term. One benefit of Federal Court is that there are often attorneys fees available as a result of a win (Equal Access to Justice Act). In my own practice, I try to keep my fees as reasonable as possible. I do practice at the US Court of Federal Claims. My challenge, though, is that I have to charge clients enough in these cases to pay my operating expenses. I am not asking anyone to cry a tear for me, but as you can probably see from the time I put on here (and the late hours), I am extremely busy. (As an aside, I agree that most lawyers fees are too high; I am well on the low side of fees overall for practitioners in this area of the law and I have to balance that with the fact that I still have over 100k in law school debt...I also do pro bono work). The point is that I recognize that there are a ton of people out there who cannot afford the help they need. As my career progresses, I intend to continue to expand the help that I give (which is based on my being outraged and furious that the leadership has not done well by those in their charge...as a Company Commander, that sacred responsibility was one that I took most seriously).
It is possible to file pro se, but I highly recommend not doing so. Some members here have discussed setting up a non-profit to assist members/veterans like you. That may be an option in the future. One thing to keep in mind is that there is a 6 year statute of limitations on filing suit (likely counted from the date of your PDBR denial, though, since this is a "new" board, this has not been clearly established as a rule).
Thanks I got the rating effective the day after my dischrge so yes it was my first rating. this is a total joke what a sham the pdbr was. got my hopes up for nothing.
ok my question is/was that I thought ptsd was a 50% rating even thoughthe original med boad said it would not consider it at all. since they are paying me 30% for it should I get back pay.
my biggest question before i email you my denial packet is is there any chance I can actually win this thing in court?
also I do know that you have to have a specific lawyer I am not just a dumb grunt despite what people think.
anyways thanks and I will email you the packet if its worthwhile to do so.
I talked to DAV in Madison wisconsin and they told me they were not helping out with the pdbr. and now I lost so it's kinda moot. thanks anyway take care and good luck
I don't think theirs much DAV can help with on this. Maybe just some help on filling out the form.
This could be a Army Corrections Board Matter, look into a DD 149, check out Army Review Board Agency its free takes about 5 months.
Did you appeal your PEB thru a formal PEB? During the formal PEB you have a attourney assigned to you.
Did you appeal your PEB thru a formal PEB? During the formal PEB you have a attourney assigned to you.
I received my approval letter dated Sep 28. I called DFAS and they said that they had received the same letter. They also said that they had sent a request to DA to get acopy of the orders so they can begin the pay process. I sent an email to the person that handles retirements at DA Perscom. I asked if any action had been taken or if orders have been cut.
This is her reply.
All your records have been forwarded to HRC ST. Louis. I can no longer
access your files out of our data base. In addition your original
retirement was a medical discharged through the Surgeons office.
1-800-318-5298 is the number to HRC St Louis, listen to the directory to
access who you might need. I suggest that you could also contact
whomever signed off on the letter forwarded to you dated 26 Sep 2009,
usually most memo's do have poc names and numbers. Hopefully this is of
some assistance to you.
Marguerite Rice
HRC RET
So today I will try to call HRC St. Louis.
This is her reply.
All your records have been forwarded to HRC ST. Louis. I can no longer
access your files out of our data base. In addition your original
retirement was a medical discharged through the Surgeons office.
1-800-318-5298 is the number to HRC St Louis, listen to the directory to
access who you might need. I suggest that you could also contact
whomever signed off on the letter forwarded to you dated 26 Sep 2009,
usually most memo's do have poc names and numbers. Hopefully this is of
some assistance to you.
Marguerite Rice
HRC RET
So today I will try to call HRC St. Louis.
I called HRC St louis and they guy I talked to had no idea about the PDBR or the Army review board. LOL
So how do you track the progress with DFAS?