Really need help on PDBR

[nunya]

This being the case that I just received this PDBR letter from the VA last week
Ok here is a break down with more detailed information regarding my case:

03' separated from the Marine Corp with 10% disability for the following:
Cat I Unfitting conditions Chronic anke pain and reduced range of motion secondary to trimalleolar fracture (71974) rated at 10%

Cat II: osteoarthritis first metatarsophalangeal joint related to diagnosis 1
RSD related to diagnosis #1

Combat related injury as per title 26.

Questions:

1) Now that my PTSD was never mentioned there. The VA diagnosed the PTSD within a month of separation. Was denied intially by the VA becuase there was no supporting documents. After years of filing to get my medical records come to find out there was no record of it. I was treated at Tripler Army Medical Center. I then requested those documents and there they where. Filed again for PTSD and was awarded by the VA at 50% for the PTSD. Now how would this be handled by the PDBR board?

2) Now as for the ankle fracture it was rated 20% by the VA and the RSD is rated at 10% currently. I have an appeal in for the RSD has spread to the right side and upon review of C&P shows by the attending Doc that the right side is part of the left side. It is still pending decision from the board as to the percentage rating. Should I wait for the findings or file the PDBR now? Can i file now and submit that info after the fact to get the ball rolling? Im looking at least another 6-8 months for a final decision on that. If found totally disabled is it still worth to file for this PDBR?

3) Also my lung issue was rated at 30% by the VA and never entered in my PEB papers. Should I file this as well to be reviewed?

4) Current rating by the VA is 80%, should one file everything that was rated by the VA ?

5) Any recommendations as to go about this solo or with legal help?

Thanks ahead gents any help would be greatly appreciated.

 

[klamsnacks]

I dont know how the marines (Nor really any department of other branches quite frankly) but I followed a post from Jason, on where you could go read back dated cases at the PDBR, BCMR, and Discharge Review Board (DRB I think that's what it's called) Either way, I went to the listing and Jason would have to chime in here for the link, but it was for a review of cases he was doing a while back. When looking at the way the USAF does their thing, with almost ALL cases, I only found 3-5 cases in the 2+ years I looked at where they overturned a case in favor of the member, almost all the cases were denials for benefits increases or rank determinations, or discharge types, from general/dishonorable to honorable. By the looks of it, all documents posted online were taken out of context with regard to ALL of the cases they have ruled on, for instance file names are not numerically in order they skip (IE BC-2011-00208.docx then the next file would be something like 00213.docx) this leads me to believe they do not want you to know what would "rule in favor" of the member. Another thing about past items being un-diagnosed at the time of rulings they will look at your past medical history and if it's not properly addressed they can dismiss it. And they are clear in that any future ailments are not their concern by law siting all the proper DoD and constitutional arguments they can, to show they are clearly in the right. Just found the link here it is HERE. <<-Clicky

Hope this helps,
Klam