I've been reviewing all of the decisions that are being adjudicated by the PDBR. It is the law that they can only review those conditions found as unfit and that were addressed in the MED/PEB process. The law has an exception that states: all other conditions found to be "not unfitting" if requested.
This is super important!! If you have conditions that were evaluated by the PEB and found "not unfit" you MUST request specifically to have them considered. By putting in the phrase "please consider all conditions" they MUST, by law, take into account the unfitting and not unfitting conditions that were addressed at the PEB!
Whatever other statements you include, make sure you include that one!! I've seen several that could have been evaluated that were addressed with a simple: "by law we cannot look at conditions not unfitting unless specifically requested by the service member".
If you're going to take the time to send the form in and you only put "my VA decision was higher" or "My condition has worsened", they will address those with mandates, as well. Something to the effect that "we are required to consider all unfitting conditions to the extent that they interfered with the duty performance at the time of separation". A VA eval over 12 months old could be detrimental or helpful and they're not required to use that as a basis.
If you were discharged before the new rules went into effect (that they utilize the VARD), you need to know what "painful motion" means, because in the early 2000's that's what they used. So address the painful motion and hope that your doctors did, as well.
Good luck everyone!
This is super important!! If you have conditions that were evaluated by the PEB and found "not unfit" you MUST request specifically to have them considered. By putting in the phrase "please consider all conditions" they MUST, by law, take into account the unfitting and not unfitting conditions that were addressed at the PEB!
Whatever other statements you include, make sure you include that one!! I've seen several that could have been evaluated that were addressed with a simple: "by law we cannot look at conditions not unfitting unless specifically requested by the service member".
If you're going to take the time to send the form in and you only put "my VA decision was higher" or "My condition has worsened", they will address those with mandates, as well. Something to the effect that "we are required to consider all unfitting conditions to the extent that they interfered with the duty performance at the time of separation". A VA eval over 12 months old could be detrimental or helpful and they're not required to use that as a basis.
If you were discharged before the new rules went into effect (that they utilize the VARD), you need to know what "painful motion" means, because in the early 2000's that's what they used. So address the painful motion and hope that your doctors did, as well.
Good luck everyone!