Received a letter from the PDBR

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YoungVet

PEB Forum Regular Member
Registered Member
I hope everyone is doing well. Moreover, thank you for creating this board as it is an incredible resource for veterans. I received a letter from the PDBR stating that I am eligible for their review. Here are the basics:

Before I begin, I readily concede that I do not have the best grasp as to how this works and may have made some incorrect assumptions. I welcome the board's feedback and insights as I am largely ignorant to how this works.

I was shot and wounded multiple times in Iraq. Also awarded a BSM with/ "V" Device and the Purple Heart. I was given a 20% disability rating and severance pay by the Physical Evaluation Board (PEB) in 2005. The severance amount was $14,000, or so. Shortly thereafter, the VA rated me at 90%. To answer the immediate question: Yes, I repaid the initial severance pay in its entirety.

Assuming the PDBR increases the PEB's initial rating of 20%, here are my immediate questions:

1. Would I be entitled to back or retroactive pay for the increased percentage? Specifically, I was initially granted 20%. Perhaps I am being ambitious or mistaken, but an increase or correction in the PEB's original rating should mean that I should have received a higher severance amount. Given that I have already repaid the initial severance pay, shouldn't I receive compensation for not being paid the additional or correct percentage?

2. Does the PDBR's increasing its rating open the door for me to apply for CRSC, CRDP, or both? I served for 4 years and was an E-4 at the time. I understand that I clearly do not meet the threshold for retirement, but am under the impression that I qualify for either CRSC or CRDP because I was injured in combat. Does PDBR essentially begin the process towards CRSC or CRDP?

3. Assuming I am granted either CRSC or CRDP, would I be entitled to back or retroactive pay? As stated above, the initial severance pay was repaid in its entirety.

Thank you in advance for your answers and, once again, for starting this board.
 
YoungVet said:
I hope everyone is doing well. Moreover, thank you for creating this board as it is an incredible resource for veterans. I received a letter from the PDBR stating that I am eligible for their review. Here are the basics:

Before I begin, I readily concede that I do not have the best grasp as to how this works and may have made some incorrect assumptions. I welcome the board's feedback and insights as I am largely ignorant to how this works.

I was shot and wounded multiple times in Iraq. Also awarded a BSM with/ "V" Device and the Purple Heart. I was given a 20% disability rating and severance pay by the Physical Evaluation Board (PEB) in 2005. The severance amount was $14,000, or so. Shortly thereafter, the VA rated me at 90%. To answer the immediate question: Yes, I repaid the initial severance pay in its entirety.

Assuming the PDBR increases the PEB's initial rating of 20%, here are my immediate questions:

1. Would I be entitled to back or retroactive pay for the increased percentage? Specifically, I was initially granted 20%. Perhaps I am being ambitious or mistaken, but an increase or correction in the PEB's original rating should mean that I should have received a higher severance amount. Given that I have already repaid the initial severance pay, shouldn't I receive compensation for not being paid the additional or correct percentage?

2. Does the PDBR's increasing its rating open the door for me to apply for CRSC, CRDP, or both? I served for 4 years and was an E-4 at the time. I understand that I clearly do not meet the threshold for retirement, but am under the impression that I qualify for either CRSC or CRDP because I was injured in combat. Does PDBR essentially begin the process towards CRSC or CRDP?

3. Assuming I am granted either CRSC or CRDP, would I be entitled to back or retroactive pay? As stated above, the initial severance pay was repaid in its entirety.

Thank you in advance for your answers and, once again, for starting this board.
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Welcome to the forum! This will turn out to be a great discussion and will expect to see some interesting responses to your situation.

Now before I make any assumptions or responses... What exactly was the claims and percentages. This info will help in the discussion before anyone can think this through.
 
Thanks for your response. Apologies for the confusion on my end, but I am unsure of what you are referring to. Thanks in advance.
 
Grizz is asking you what are you being rated by the VA for and what percentage are you receiving for those conditions. Also if possible, can you add what you were Medically Discharged for?

Thanks.
 
Thanks for the clarification.

My VA ratings:
  • 70% (PTSD)
  • 10% residuals of wounds
  • 10% degenerative changes
  • 10% ankle
  • 10% scar
  • 10% scar
  • 10% scar
  • 10% scar
I was medically discharged for nerve damage to my ankle. The PEB did not mention anything related to PTSD, however, I did receive a psychiatry consult required by the medical board and in his recommendation states that I was diagnosed with an anxiety disorder and met most, but not all of the criteria for PTSD.

Thanks in advance.
 
Ok second and third question if you can answer. What were the Range of Motion (ROM) numbers for your ankle? This would also help with us to make a recommendation. It will be in your VA paperwork.

To clearify, you were seperated for your leg only, but a member of the MEB made a consult for MH, but they did not rate as a failing condition on the DoD side?
 
Thanks for the response.

Quick update. I looked over my DA form 3947 and it does list Anxiety Disorder AR 40-501 as one of my medical conditions. The reason for my earlier confusion is that it does not make any mention of Anxiety Disorder AR 40-501 on DA Form 199, which is where the disability descriptions are located.

Specifically, DA Form 199 does not list any Anxiety Disorder, but DA form 3947 does list Anxiety Disorder as one of my medical conditions.
 
Dcmd124 said:
Grizz is asking you what are you being rated by the VA for and what percentage are you receiving for those conditions. Also if possible, can you add what you were Medically Discharged for?

Thanks.
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Thanks for your response and clarification. Much appreciated.
 
YoungVet said:
Thanks for the response.

Quick update. I looked over my DA form 3947 and it does list Anxiety Disorder AR 40-501 as one of my medical conditions. The reason for my earlier confusion is that it does not make any mention of Anxiety Disorder AR 40-501 on DA Form 199, which is where the disability descriptions are located.

Specifically, DA Form 199 does not list any Anxiety Disorder, but DA form 3947 does list Anxiety Disorder as one of my medical conditions.
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I am sorry for asking so many questions but I am trying to get a clear picture, now I am assuming the DoD stated that it was a fit for service. On your 199 they went with the VA and put PTSD as your diagnosis instead of anxiety, which is very common. No need to fret about that.

Did you find anything about ROMs for your ankle? This is very important to help decide if you should do the BCMR.
 
1. Would I be entitled to back or retroactive pay for the increased percentage? Specifically, I was initially granted 20%. Perhaps I am being ambitious or mistaken, but an increase or correction in the PEB's original rating should mean that I should have received a higher severance amount. Given that I have already repaid the initial severance pay, shouldn't I receive compensation for not being paid the additional or correct percentage?
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You were rated initially at 20%. Any increase in your rating would amount to disability retirement (30% or greater = retirement). I cannot say what the precise calculation of your retirement pay would be, but you are correct in that a modification of the PEB's rating to 30% or more technically entitles you to retroactive retirement pay.

However, any retroactive payment would be set-off by the DVA disability compensation you received between the time you were separated and the present. This is assuming your DVA compensation is more than the potential retirement pay you would be entitled to - a scenario that seems probable given your rank and time in service.

Assuming that your DVA disability compensation is more than your potential retirement pay, you will probably waive the retirement pay in favor of DVA compensation. While you may not receive actual money in hand, the key factor here is that you are entitled to retirement pay retroactive to the date of your separation (to be precise, the day following your separation would become your date of retirement). This is a key factor because CRSC requires entitlement to retirement pay.

2. Does the PDBR's increasing its rating open the door for me to apply for CRSC, CRDP, or both? I served for 4 years and was an E-4 at the time. I understand that I clearly do not meet the threshold for retirement, but am under the impression that I qualify for either CRSC or CRDP because I was injured in combat. Does PDBR essentially begin the process towards CRSC or CRDP?
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You do meet the threshold for retirement if you have a rating of 30% or more (your time in service is effectively irrelevant for disability retirement purposes). But given your time in service, you do not qualify for CRDP, regardless of the outcome at the PDBR.

However, in the event the PDBR recommends your retirement, you are likely eligible to apply for CRSC. CRSC's bare bone requirements are (1) entitlement to retired pay (2) a rating of 10% or more from the DVA (3) waiver of retired pay in favor of DVA compensation (CRSC is designed to effectively "make-up" the difference between the two).

3. Assuming I am granted either CRSC or CRDP, would I be entitled to back or retroactive pay? As stated above, the initial severance pay was repaid in its entirety.
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Presuming you qualify for CRSC, you can receive retroactive CRSC payments. But, because you have less than 20 years of service, these payments would only go back to January 1, 2008 (thank Congress for that).

Hope this helps!
 
The PEB erred when it did not address the anxiety in their findings. The PDBR is supposed to review all conditions considered by the PEB. Did the PEB consider it and fail to document it of did they not consider it at all even though it was on your DA 3947? Hard to say for certain if the PDBR will address the anxiety since it was not on the DA 199. If not, you should be able to take that issue to the BCMR separate from the PDBR review.

Mike
 
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