There is no telling how many vets have been put through this same disabeling process. 42 years ago many of us (Black) vets experienced the same thing our medical records were said to have been lost when we came up before the medical board so there was not sufficient evidence to prove the disability and even when tere was we were underrated or not even rated at all. There were some young men released from the military and not even rated but instead sent to the VA instead of being retired, oh there is something wrong with the system and has been for a long, long time and I don't they are about to fix it.
I have been assisting veterans with the task of filing disability claims thru the DAV to VA now for several years, and in my experience the horror stories go on and on. They run the gammut from total denial of any disability to several being told that if they accept the PDB's ruling that they can NEVER apply for benefits from the VA. Wrong answer! If you are being considered by a service review board for disability and possible discharge/retirement, do not drink the koolaide - and as soon as you have received your "generous" benefit from the service board, contact your choice of any of the 'Service Organizations' i.e. - DAV, AmerLegion, VFW, etc. They have people who can assist you and will represent you in filing a claim with VA. My personal preference is the DAV, and not because that is the Service Org that I work through, but due to the fact that I know for a fact that their National Service Officers are specially trained to handle those pesky little problems that VA can through in your path. I'm not certain about the other Service Orgs; you'd have to check with them on their Professional Service Offficer qualifications. The bottom line is that the dis-service done to veterans by the branch PDB's is not the end of the line, and that there is hope for you through your local service organization. Look them up in the local phone book, and if you can't find them there, go on line to find them...just type the name of the service organization into your search engine search line and let the computer take you there. Once you have found "your service org", follow their instructions on how to contact their service officers and how to file a claim with VA using their resources. Whatever you do, DO NOT GIVE UP, adapt, overcome, achieve your mission goal of compensation for disability...you earned it just as much as you earned your right to retired pay or a decent job once you got/get out.
I saw action with a combar regt . in 1950 as a scout came home with frost bite . the V.A. says Proof it ,it is not on your records. my records were lost in a big fire ,all the men I served with were killed in an ambush. I missed the last patrol due to being at the aid station , treated for maleria .wounded twice on patrol cant proof that eather. the one thing I can proof was the time I was IN country with my regt but I did get 90 %for ptsd and 10 % for unemploybility , dammn I was 78 years old
HIRE A Civilian attorney, they were trying to get me out on 20% I stopped the proceedings right there and went looking for a civilian attorney and he got me 100%. Don't let them intimidate you !!! I am as tough as they come and no captain is going to intimidate me !! You're just a number, your cattle in this B.S. setup and I wasn't about to let these pencil pushers make me a statistic ! I got what I wanted, my family is set up and now if I want, I can die happy, knowing that the DAV, VFW (which I am Life Members) have my back.
Col Skip Morgan Retired JAG is right. The New Disability Board is nothing but a reincarnation of the former ones. Too many people remain in the new system with the old injustice outlook. They don't give a damn what Congress and People perceive and take the attitude that these injured servicepersons don't deserve to get all that money. They believe that they are helping our country by saving money and screwing those who were hurt by the system. The attitude goes all the way to the top *******s who are scared that there won't be enough money left for the current military.
As a JAG with combat experience as a Ranger (source of most of the disability), I went before two PEB boards that recommended my retirement with a 50% disability (when I was rated by the VA as 70%) but the Disability Review System turned down the unanimous decision of six high ranking officers (O6 or GM 15) for me to retire. The Disability Review JAG officer came up with a new criteria for me - that "I was still working" and should be rated as 10% (reversing the 50% recommendation) with a forced early retirement. I did not get to receive immediate retirement pay until I turned 60 in that I opted to turn that down and leave the military.
The decision was made without any due process at the next higher level. I was still working because I had four young children, home payments, alimony payments,and welfare could not be an option for us. Even though I tried my best, I should have not been working. Luckily some of "The Army Takes Care of its Own." The day after I was forced (on my own conscience and volution" to retire, the VA increased my disability to 100% permanent and total.
So today the new system is not looking at those of us who were separated from active military with 10% ratings because the law mandates only those with a rating after 9/11 get a review. I was and still remain too disabled to carry through with additional appeals to the ABCMR. My attitude towards the military changed to what it should have been at enlistment to one without ANY FAITH in the administrative review process that denies due process in any case. [Not to encourage such, I want to caution the military that someday it may experience the expertise of those who were trained to destroy the enemy as a rite of retaliation. The military is messing with the wrong people to screw.]
Military Command Influence is what drove these injustices for their disabled members. The review board should first review it decision makers and mandate their removal of most with adverse actions and the rest down to the lowest clerks with assignments to a different line of work. The military corrupted MOST OF these employees who failed to use the proper judgment required and likely still keep the same attitude. No one from the old system should remain in the new system - it FAILED TO DO WHAT WAS REQUIRED BY LAW AND FOR JUSTICE TO THE DISABLED.) We don't need kangaroo justice if the option is an administrative injustice reaction. Congress should eliminate the Disability Review Agencies which force the reduction of retirement ratings as recommended by several articles and presentations. The present system still results in an unnecessary and harmful review to reduce the ratings rather than to properly adjudicate. Non-DoD personnel should be appointed for the new decisions by someone outside DOD to hear appeals. Not only are the agency reviews(and often decisions) of PEBs greatly unjustified but they are a waste of military manpower that could better be used for military purposes. Instead the military still sends thousands of disabled servicepersons back to their civilian communities without support necessary for an adequate life. Those non-disabled in the military (even those who often never served in direct combat) still receive the retirement promised. However, those who were injured by their military service get Screwed by the military medical system which also failed to remove the health effects of honorable service.
