Pdbr Or Claim Adjustment?

[DocGotQuestions]

Hi everyone, I just registered here after having some major anxiety about what steps I need to take to request an increase from my 20%/0% service-connection for a shoulder injury and headaches from the USN. I received my compensation back in 2007 or so, and just recently received a letter relating to the Physical Disability Review Board. When I left the Navy, I was pretty upset at the idea and didn't do my due diligence when it came to appealing, or even complaining about what I was rated. Bad idea, because since then I have been plagued with depression, more shoulder pain, and stonger headaches. I haven't really held employment since leaving the Navy and that hasn't helped. Usually once the employer finds out that I can't really do any sort of heavy lifting, I'm given the boot. I've been living off of my $250 a month and that doesn't help with the depression I've had since being found unfit for my Navy. To this point, I neglected to request a higher percentage from the VA for my shoulder, or even request an evaluation for my depression because I'm scared of the drawbacks that could happen.

This is where the PDBR comes in, where a reduction isn't possible. Could I be be increased through the PDBR, even though both the USN and VA rated me at 20%? The part about current treatment worries me because since seperating, I refused treatment options from my VA physican. I was given Oxy while active duty and lets just say it was a slippery slope, and something I have avoided since. I never told my Doctor's that I had became addicted to it, and I'm scared to for obvious reasons. As such, I just go about my days trying to baby my shoulder and avoid the "treatment" plans for it. I do feel like I should be raised to at least 30% for the problems I have incured, but I'm not sure how big my cause could be seeing as I don't stay doped up on narc's all day. Does anyone have any insight? It would be a great help. Thanks in advance!

[Philip Rogers]

I know nothing about the PDBR and their ratings. However, you can file for an increase, at anytime. All you need to do is request an increase stating "that your condition/disability has worsened."

pr

[Berta]

This link has some info on the PDRB:

In Part:

“Since the PDBR began reviewing cases in June 2009, in more than 50% of cases, Veterans have had their original disability determination upgraded, resulting in a disability retirement for the Veteran. Although no guarantee of this re characterization rate can be made going forward, it is a good indicator of the degree of success applicants have had with the board up until now. If a Veteran is awarded a disability retirement as a result of the review process, it may not result in any immediate monetary gain by the Veteran (previously awarded payments from the VA and DoD as related to the original disability must be recouped by the government, prior to new payments being made; but this recoupment is made from the new monthly disability annuity payments going forward). Regardless, from the time of disability retirement award, the Veteran becomes eligible for all retirement benefits normally awarded military department retirees (health care, exchange, commissary, travel, etc). “

http://www.va.gov/MS/articles/Education/Physical_Disability_Board_of_Review_PDBR_for_Veterans.asp

But this is a brief,out of context excerpt to the full gamit of PDBR.

“recently received a letter relating to the Physical Disability Review Board. “

Was that in response to a review that you had requested?

You can re open your claim with the to request a higher rating and to claim depression as secondary to the SC disability.

However you will need new and material evidence to re open the claim with.

38 CFR 3.156:

Ҥ 3.156 New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. “

The VA will need,for the increase, treatement records that show the disability has increased in severity.

For a claim for depression as due to the SC, you will need a diagnosis of depression and a medical statement that is secondary to (and/or) due to the SC disability.

Do you have any treatment records for the depression?

Can you explain what this means?

“to request an increase from my 20%/0% service-connection for a shoulder injury and headaches from the USN.”

Do you mean the headaches are rated as SC but at “0” percent?

That claim for headaches ,too can be re opened ,if you have new and material medical evidence that would now put you into a ratable category. ( meaning at least at 10%)

The VA SRD is here at hadit and shows how they rate each disability as to percentages.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=c130ec487ea61b8a40ad0836188b94bc&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38

The rating schedule is found in Subpart B.

After you file the claim, you will receive a VCAA letter, reqiuring a response and it should tell you exactly what evidence the VA will need.

"The part about current treatment worries me because since seperating, I refused treatment options from my VA physican. I was given Oxy while active duty and lets just say it was a slippery slope, and something I have avoided since."

Do you have any treatment records from a private doctor since separating?

Or anything in your VA med recs to show VA has treated you in some way for the shoulder injury since 2007?

[justrluk]

In short, yes. Go through the process. I did and was increased from 19% (USAF) to 30% based on the VA rating for the same conditions being higher immediately after discharge. It can't hurt. Contact me and I'll give you more specifics, or do a search for my content and you can read about what I went through. Also, there is another site (http://pebforum.com/site/) that has a lot of inputs from those that have gone through the process.