Posted on Jun 23, 2016
Has anyone went thorough the PDBR (Personal Disability Board Review) to request their medical discharge increased to a medical retirement ?
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DAV
Disabled Veterans Outreach Program Specialist
Coast Guard
Posted >1 y ago
Responses: 3
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PO1 David, Jr Vallejo
I recently went through a board and received retirement. Let me know if you have any questions. I'll be happy to help
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I'm assuming you meet the criteria for appealing to the PDBR and have less than 30% DOD disability rating.
I know a few people who went through the process and wrote an article about it a while ago. The Board has a higher than average rate, compared to the BCMR, for granting disability upgrades. The main thing is showing that the disability percentage was somehow wrong at the time of discharge. The biggest problem seems to be that people get out, go to the VA, and get the disability that the DOD found unfitting upgraded by the VA. This alone does not prove that you are entitled to a higher DOD rating. It can be probative in some cases, but the focus is one evaluation and rating of the unfitting condition, or of a condition that was found fitting that should have been unfitting. It's a one time appeal, absent new evidence, so it's definitely something you want to do right the first time!
I know a few people who went through the process and wrote an article about it a while ago. The Board has a higher than average rate, compared to the BCMR, for granting disability upgrades. The main thing is showing that the disability percentage was somehow wrong at the time of discharge. The biggest problem seems to be that people get out, go to the VA, and get the disability that the DOD found unfitting upgraded by the VA. This alone does not prove that you are entitled to a higher DOD rating. It can be probative in some cases, but the focus is one evaluation and rating of the unfitting condition, or of a condition that was found fitting that should have been unfitting. It's a one time appeal, absent new evidence, so it's definitely something you want to do right the first time!
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SPC Paul Jennings, J.D.
LT Miranda Bernabei - that's changed. The DOD has adopted the VA rating schedule under 38 CFR part 4 and is bound by the criteria in the CFR and the CAVC interpretations. This avoids the old situation where someone could be seperateD with 0% PTSD from the military and at the same time be awarded 50% from the VA. There are still some wrinkles, such as conditions being found fitting that shouldn't, but this does make appealing the DOD rulings easier since firm guidelines are in place.
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You need a 30% Service side for a medical retirement.
I have had Soldiers receive 20% ratings, and appeal it for an increase to 30%. They usually did formal in person boards. (TDY to location) The Army at least, is doing more VTC boards because its cheaper.
You need to make your case solid. Not something like... I would really like a medical retirement so I can have medical coverage for my family. You need to focus on what they rated you for, or failed to rate you for, and that it should be the next rating category higher.
REMEMBER... you can have 200 things wrong, ONLY the Service disqualifying items will count towards the Service side rating. Your VA rating will 99.99% of the time ALWAYS be higher than the Service side.
ie. I have 20 items the VA listed. They Army said 3 were Service discriminators. They Army rated me at 40% for them. The VA rated me at 90% for everything.
I have had Soldiers receive 20% ratings, and appeal it for an increase to 30%. They usually did formal in person boards. (TDY to location) The Army at least, is doing more VTC boards because its cheaper.
You need to make your case solid. Not something like... I would really like a medical retirement so I can have medical coverage for my family. You need to focus on what they rated you for, or failed to rate you for, and that it should be the next rating category higher.
REMEMBER... you can have 200 things wrong, ONLY the Service disqualifying items will count towards the Service side rating. Your VA rating will 99.99% of the time ALWAYS be higher than the Service side.
ie. I have 20 items the VA listed. They Army said 3 were Service discriminators. They Army rated me at 40% for them. The VA rated me at 90% for everything.
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