[ad_1]
Some backstory. Served 7 years, 2 full 1 year, actually one was 13 months combat deployments to Iraq, 03-04, 04-05. I was medically discharged in 2007. 10%. Filed VA got 10%. Appealed, went the legacy DRO route, granted another 10%, 20% total, Filed for PDBR, (physical disability board of review) around 2012. Granted 30%, which qualified for retirement, discharge was retroactive medical retirement. They recouped severance. I filed a new claim in 2013. PTSD, which I didn’t file initially, was in denial I had it. Increased rating for my back which is what my retirement was for. VA said nope, no PTSD, even though my military records were littered with things like insomnia, depression, bi-polar, positive test for a TBI. They also screwed me on ROM which got me the 30% for retirement. So the PDBR reviews your records and applied the VASRD in effect at the time you got out, as the services used to all do their own thing and basically screw people out of ratings, AF was know to be most generous, Marines, and Army the least per 2007 military times article. So 2008 NDAA requires services to user VASRD going forward and created PDBR: here’s PDBR info https://health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Disability-Evaluation/Physical-Disability-Board-of-Review
So I appealed. I got a Decision in 2015, denied. Went DRO route again. Filed annually a Congressional inquiry which did nothing. Waited 3 years. 2018 they sent letter offering new appeals system. Not interested was at this way to long. 2 weeks later they allegedly sent the SOC ( Statement of Case) except never got it. This was before they had the appeals status so site setup so you had to email or call the 1-800 number which I did about monthly. Found out in early March about the SOC, that I only have 60 days to respond via mail. They rushed a new SOC, I drafted a NOD (notice of disagreement) sent it priority mail with signature about 4 days before deadline. Whelp they claimed I missed the 60 days and tried to close my appeal. Had to file another congressional cited the law which is explained here https://www.law.cornell.edu/cfr/text/38/20.110 So make sure mail anything to them as I was told long time ago with signature and tracking. Now I get in the BVA (board of veterans appeals) queue. 2018. 2021 comes. Get a letter for a board date. August. Decide to finally get a lawyer. Mail him my huge C-File. He went over it. Board date comes. Lawyer is pushing TBI and PTSD, I push higher back rating per the PDBR. 6 months they remand everything. QTC tries to screw me as they try to rush scheduling new C&P exams before we even see the board order. We ask for a little more time. They send back to the RO and everyone but my lawyer is claiming this is for the better. Whelp lawyer emails the Judge at the board. A week later QTC is calling to schedule. Did the exams. PTSD Dr is shocked I didn’t get a rating 9 years prior. Mentions something like 4/5 medical professional say I have PTSD in my records. Odd one being the VA CP examiner. So here I am . My last exam for my back ROM was over a month ago. Now waiting to see if the RO tries to screw me over again. We are going all the way back to board and the CAVC (court of appeals for veterans claims) if we have too. Lawyer gets 20% of back pay if we prevail. Unfortunately some of us have to fight for what is owed.
[ad_2]
Source link