Pdbr

[tk3000]

Hello Folks,

Few days ago I receive a letter from the VA (not the Detroit Regional Office, but from a VA center in Texas) mentioned a the possibiolity of a reevaluation going on in parallel with the traditional claim/appeal process which we all know is very anachronic and dysfunctional. To make things confusing the title of the evaluation is “Physical Disability Board of Review” which sort of alludes the so called “Physical Disability Board” (Med Board) from while I was still in the military whose rating consists in giving 10% to everybody eligible (unless the candidate has lost a limb, or something visuall too severe to be ignored).

I was discharged in 2004, and was first awarded a rating circa April/2005. Over time have had several claims and appeals, and currently I have 4 appeals (one for IU). I have had C&P exam about 6 months ago at request of the RO regarding one of my appeals (even though the appeal was supposed to be decided at the BVA level), examiner posed positive and favorable opinion regarding my appeal... but the regional office simply has done nothing as far as in terms of arriving at a decision (even though the appeal was a traditional appeal (BVA), the RO stated that they would try to come to a resolution/agreement before it was sent to the BVA, thereof another C&P was requested). As of now I stuck waiting, and original claim was filed in 2009 with subsequent appeal filed in 2010.

So my primary question would be: can the PDBR review a VA's decisions, or only decision made by the DoD (Med Board during military time). IThanks

Edited September 16, 2013 by tk3000

[Philip Rogers]

My thoughts are and I could be way off, is that you are being reviewed because you were one of the Army veterans wrongfully discharged, w/o a disability (ptsd), back 10yrs ago or so. That's just a guess, tho.

pr

[Berta]

I might be interpreting this question wrong.....if so please advise....:

“So my primary question would be: can the PDBR review a VA's decisions, or only decision made by the DoD (Med Board during military time). “

I assume you might mean the Physical Disability Review Board (PDBR).

You can request a PDBR ….

Introducing the Physical Disability Board of Review

Veterans who have been medically separated from the U.S. Military between September 11, 2001 and December 31, 2009 now have the opportunity to have their disability ratings reviewed by the Physical Disability Board of Review (PDBR) to ensure fairness and accuracy.

What We Do

The Physical Disability Board of Review, or PDBR, was legislated by Congress and implemented by the Department of Defense(1) to ensure the accuracy and fairness of combined disability ratings of 20% or less assigned to service members who were discharged between September 11, 2001 and December 31, 2009. The PDBR uses medical information provided by the Department of Veterans Affairs and the military department. Once a review is complete, the PDBR forwards a recommendation to the secretary of the respective branch of the armed services. It is up to the individual service branch to make the final determination on whether to change the original disability determination.

http://www.health.mil/About_MHS/Organizations/MHS_Offices_and_Programs/PDBR.aspx

The Click Here PDF on the main page above might contain the info you need:

“DDA of Veteran’s Military Department makes final decision

on case and informs Veteran. If Veteran’s prior disability

separation is re characterized as a disability retirement, DDA

coordinates correction of Veteran’s military record as well as

pay with DFAS and VA. If Veteran’s disability is not re

characterized, no change in status (with VA or Military

Department”

I would think VA decisions would be critical to the PDBR, particularly in regard to any potential CRDP,CRSC, SBP issues and the CITU block on the application (I couldn't get that to copy) seems to say just that.

Do you believe your rating now qualifies you for CRDP (which should be automatic upon receipt by DFAS of a VA award that fulfills the CRDP criteria...but CRSCers have to formally apply for CRSC.....

We have considerable CRDP and CRSC info here. Google CRDP CRSC hadit.com

[apachegirl]

I went through the PDBR process. I received a letter from VA last August (around same time I filed current claim because of the review of my records).

This is something that was put into place after we were discharged. I was discharged in 2003 with 20% for my back from the MEB; however, VA found that same condition at 40%. I gathered all my records from the MEB, VA and my initial ratings and submitted that to the PDBR. They are nice enough to make copies and mail you back the originals. They are reviewing to see if you should have received retirement instead of Medical Discharge with severance pay.

It took almost a year for them to review and in my case they agreed with the 20% the Army gave me. I didn't lose anything by doing it but if they had disagreed, then I would have gained retirement and access to those benefits. It was a shot in the dark :)

I am no worse off than I was doing it and they can't touch your VA ratings (separate thing altogether). The ratings from VA hold water in the PDBR in some cases but if you review the cases then alot of them are left with the rate the military gave you on release.

The PDBR ONLY reviews the decision granted in the MEB (not VA decisions) what they are looking for is to see if you treated fairly during the MEB process and in some cases will up your military disability to match the VA. If you have conditions that VA rates you for that are NOT a part of the original MEB, they will not consider those in their decision: strictly a review of that time.

[Berta]

Apachegirl, Thank You for that very concise explanation of this process!

I don't even recall a PDBR question here at hadit before this one from tk3000.

[justrluk]

I went through the process as well. I'm now 30% disabled (from AF) and was medically reitred. I have the blue ID to prove it!

[tk3000]

Thank you Berta, Apachegirl, Philips, justrluk for the inputs and insights. Previously I was not aware of that CRDP (Concurrent Retirement and Disability Pay criteria (passed recently [2004] and due to phase in). I have been in the military for less than a year, and that would disqualify me based on the 20 years retirement+disability factor; but I have a 80% rating by the VA thus qualifing for CRDP under the criteria of Service Related VA disability rating of 50% or higher.

The following is also interesting: “veterans rated 100 percent disabled by the VA under the unemployability code (UI), will now receive CRDP “ Does that mean that a veteran rated 100% for IU is eligible to receive their 100% pay + Retirement pay concurrently? That is a positive development.

It certainly is worth a shot, the 10% rating granted me by the MEB was a non-sense to say the least (I have had several surgeries, and lots of hardware implanted in my leg, etc). So, if they grant me 30%, instead of the 10% originally awarded by the MEB, I could receive the 80% currently being received plus retirement pay at the same time? That would better than a single 100% rating I would imagine.

Edited September 16, 2013 by tk3000