I call them once a week.
Physical Disability Board of Review Update
- Thread starter Jason Perry
- Start date
I still haven't received a decision on my PDBR claim yet. However, i did get a letter from them via my Senator that my case is under active consideration by the board and there was no time frame in achieving a decision for me. I guess I am still waiting. I really haven't thought much about it since i am going on 14 weeks and my school still hasn't been paid. The PDBR is secondary to me now, but i do hope i get a 30% retirement.
On a side note for Jason.
It is possible for enough veterans to get together and file a class action lawsuit against the VA for the failure of the Post 9/11 G.I. Bill implementation and the many people who have been evicted, lost cars, and so forth because the VA has delayed benefit payments for 4 months or so? I know there is an effort underway to get one started. The VBA said they were ready and able to handle this benefit, boy were they wrong. What a colossal failure. I am absolutely all strung up over this.
Jason Perry
Founder and Leader
Site Founder
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
It is a difficult question to answer. Doing so would be very difficult in my opinion. First, the court with jurisdiction would be the US Court of Appeals for Veterans Claims. They would very likely not entertain a case before the plaintiffs (at least the named class representatives) go through the administrative appeals (Notice of Disagreement, Board of Veterans Appeals, etc.). But even if a class representative were able to get through all of this (either by using those procedures, or by having their requirement excused), a big problem is the remedy.
When you sue a person under a tort or contract theory, often times you can sue for the actual costs of what the defendant's wrongful actions caused you to pay, plus in some cases things like punitive damages, interest, or special damages. The same rules do not apply when suing the US Government. There is a doctrine of sovereign immunity, which only allows the government to be sued to the extent they waive their immunity. What all this means is the the remedy that a class would likely get is award of the benefit requested. Because they have been paying (though late), there is likely a real problem with getting anything awarded. The only other remedy that is available would be mandamus (basically an order to do something), but this would likely not mean anything for those who have already suffered the delays.
Basically, this type of suit would be an extreme uphill battle and I don't think it would work.
Thanks for the information Jason. I can't believe the VA has been this bad for years and nobody seems to want to do anything about it...(major overhaul). I believe the VA would be much better off privatized. I bet i wouldn't have to wait 3.5 months to get my G.I. Bill paid.
Just to keep you all updated, I called DFAS today. Remember I got my approval latter dated Sep 28. the woman at DFAS was so helpful. She said they had got the notice from the Army board of corrections and had requested paperwork from DA. Then they sent a second request. they got the needed paperwork on dec 1st. So she tells me that someone at DFAS is working on my case. That is good news. Since DFAS has gotten the paperwork, I hope to get something in the mail soon.
Guntruckhammer,
Can you share the number or POC for DFAS that you have? I have had zero luck with contacting anyone who knows my case at DFAS since I recieved my letter of approval 2 months.
I dont have a POC but the number is 1 800 321 1080. Go to the retired pay thru the automated menu then press 0 for customer service rep.
Mine took 10 months. Applied in January and got my answer in October
Mine took 6 months. Applied on 7 April 2009 and received my answer on 24 October 2009.
I applied in February 2009 and my application is still at the board under active consideration. Real soon it will be 11 months. I quit worrying about it, i hope i get the 30% but i am not losing sleep over it.
I dont mean the whole process, I mean once the board actually receives your package; how long after that does it take? Example: I applied jan, packet reached board aug and then final decision september
I got my letter dated 29 sep 2009 and I called DFAS later they said that they had gotten the notice from the army board of review and had sent a request to DA for a copy of my records. Last time I called DFASthey said that they had gotten the orders after 2 request and my case had been assigned to someone to process. That was about a week and a half ago.
In that case
Mailed original application 7 April, Arrived at the board in Washington 7 July, Approved by board 30 July and forwarded to Army Review Boards Agency where, undersecretary for personnel approved it on 30 September.On 24 October I received a packet with the PDBR board findings and approval along with the approval / concurrence memo from the Army Review Boards Agency (Undersecretary of Personnel).
I called DFAS at the end of October and they informed me that an account at DFAS had been set up at DFAS Indianapolis on 30 OCT 2009 and my case had been forwarded to DFAS Cleveland for the computation of back pay.
Since then I have received no updates and I just called DFAS and they said it could take months and there is no way to tell how long before I get back pay or my monthly retirement check.
The Army Review Boards web page says that on a BCMR action, that the generation of a new DD-214 (and or) orders can take up to 120 days. (I am guessing that would be from the date the Undersecretary at the review boards agency signed it, so say in my case 30 OCT run forward to 1 MARCH 2010. Maybe I will get orders sooner, who knows??)
So I am in standby mode......I'll update again as soon as I hear anything more solid.
I agree , I too think it will take some time, but that is more backpay in the end. But in the back of my scrambled brain, I just get the feeling that they all ready have a nice little calculation program that could calculate it immediately if they input the correct data. Just a thought.
"Title 31, U.S. Code, section 3702, also known as the barring statute,
prohibits the payment of a claim against the Government unless the claim has been received
by the Comptroller General within 6 years after the claim accrues. "
DFAS seems to think this law "MAY" apply to me. My original date of retirement should have been
June 2002. So my back pay would exceed 6 years. Does anyone know if this law applies to PDBR actions?
prohibits the payment of a claim against the Government unless the claim has been received
by the Comptroller General within 6 years after the claim accrues. "
DFAS seems to think this law "MAY" apply to me. My original date of retirement should have been
June 2002. So my back pay would exceed 6 years. Does anyone know if this law applies to PDBR actions?
wilsonle61,
I do not think that this law should prevent you from receiving retroactive retired pay from a PDBR action. This is the actual text of the law they are citing:
Even if that is not true, there is more language in the statute that allows the Secretary of Defense to waive the time requirement for retired pay claims - which is most likely what will apply to PDBR actions that result in retroactive retired pay of a servicemember of more than 6 years:
In laymen, SECDEF can waive the 6 year SOL if the claim arises from:
I do not think that this law should prevent you from receiving retroactive retired pay from a PDBR action. This is the actual text of the law they are citing:
Showing that SECDEF settles claims arising from those circumstances.
You'll notice I've bolded some points. The 6 year limitation is the first statement I bolded so you can see where they are getting it from. The second part is something I found interesting, you will notice the 'or' in the language that implies "either this or that" - meaning you only have to meet one of the requirements listed as criteria. It also states, "whichever is later". The question I'm unsure of the answer to is whether or not OIF/OEF are considered "wars" for purposes of this statute - it is an important distinction. If OIF/OEF are considered wars in the context of this statute, we have not reached a peace in either OIF or OEF, and therefore a claim should be able to toll the 6 year SOL under this citation.
Even if that is not true, there is more language in the statute that allows the Secretary of Defense to waive the time requirement for retired pay claims - which is most likely what will apply to PDBR actions that result in retroactive retired pay of a servicemember of more than 6 years:
In laymen, SECDEF can waive the 6 year SOL if the claim arises from:
Today I have officially been waiting for 11 months...I submitted my application on Jan. 14 and they received it on Jan. 16. For those of you that have been waiting a long time, know that you are not alone!
Carnelli, thanks for the BAH update, I wasn't expecting it until tomorrow.
Obie
Carnelli, thanks for the BAH update, I wasn't expecting it until tomorrow.
Obie
Jason Perry
Founder and Leader
Site Founder
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Doesn't apply.
The statute authorizing the PDBR contains the relevant time frame...that is if you are a covered individual under that statute, and the PDBR recommends and the Service Secretary grants relief, you are to be paid.
I can't conceive of them getting this one wrong. But if they do, you can sue in Federal Court for payment.