RE: http://www.military.com/featur...15240,200485,00.html


I am the Michael Parker involved in this article. I would to thank Tom Philpott for writing a great article to expose this issue. Luis Jardon’s case was one of many cases and issues I raised with Tom Philpott on the continuing problems with the scope and implementation of the Physical Disability Board of Review (PDBR); issues I hope he will write about in future articles.

Unfortunately, Tom’s articles are limited by size so all the background and details could not be covered. So, I would like to take the opportunity in the near future to expand on the problems covered in this article.

Mr. LoGrande, the PDBR president, stated that my criticisms are unfounded and I am assuming the PDBR has responsibilities not intended by Congress. Nothing could be further from the truth. To understand Congressional intent on fixing DoD’s Disability Evaluation System (DES), one must understand the complete history leading to Congressional actions to fix the DES to include the establishment of the DES. And, as DoD knows all too well, I was deeply, deeply involved in that making of that history.

The full story needs to be told but it will take me a day or two to pull it together. I think upon hearing all the details, you will be convinced that the DoD DES culture that led to what became known as the Walter Reed scandal (a misnomer, in my mind) is still quite entrenched within DoD and the Services. And, while military medical care remains very good overall, officials in charge of DoD’s disability evaluation system continue to bend over backwards to do the very least for our wounded warriors. I don’t make these charges lightly and will back them up with very specific and relevant evidence and examples. Until then, keep the faith.

Michael Parker
LTC, USA (Retired)
Wounded Warrior Advocate

I would like to thank you for bringing this all too familiar subject to light. I was medically discharged on 27 August 2004 with 16 3/4 years of faithful service and at the time of my discharge I was given 10% by the DOD from my training accident. In October of that same year the VA rated me at 20%. And in July of 2005 the VA rated me 50%. In July of 2008 I was rated 80% and in July of 2009 I was awarded Permanent 100% under Unemployability due to my service connected injuries. The DOD under rated me because they never took into consideration of my other injuries at the time of my discharge just the one that put me out the service. For years the V.A low balled my conditions until I had civilian doctors look into my conditions it was then and only than the VA changed its tone with me and the gates opened and was correctly rated into the system. Oh and at the time of my discharge in August of 2004 I had 4 service connected injuries and the DOD chooses to only take the one that would medically discharge me.
Robert Rose { EzzRiider@Live.Com }

Hello,

My name is Jonathan Williams and I am a combat veteran of Operation Enduring Freedom and a veteran that served proudly and was medically and honorably discharged in September 2005. In my current state, I am Veteran's Affairs 100% disabled due to being unemployable, collecting social security, and going through some tough roads financially, psychologically, physically, and emotionally because of what my country is doing to me and my fellow veterans. I still to this day have a 10 page paper on my rough fight from 2006-2008 with the VA, and now the DOD for something I deserve.

In December 2008 I heard about the Physical Disability Board of Review being formulated as a watchdog of the injustice that 77,000 veterans faced upon separation from their services. I was one of them, I received 10% DOD Rating for "Muscle Spasms" after several MRI, X-Ray, and Orthopedic Surgeon Reports said I had the following:

- An MRI showed that my back was in Grade I Spondylolisthesis resulting in nerve compression on my spinal column.
- L4 – L5 Disk Herniation, L5 – S1 Disk Buldging.
- Mild Degenerative Disk Disease in S1, L5, L4.
- Spinal Stenosis of the Lower Back Spinal Column
- Nerve Failure and Lumbar Radiculopathy directly under my L5 – S1

If you look at all that, and you were on the military's medical board dealing with this case. I think the suspicion of injustice is apparent. In addition, Veteran's Affairs piggy backed the Department of Defense medical board and gave me a rating of 20% for "lumbarsacrial strain" or again "muscle spasms." 6 months after separation I requested for a reevaluation on my back for an increase and the doctor at that exam looked at me and stated "why did they give you muscle spasms instead of degenerative disk disease like reported several times?" I couldn't answer that question. The VA then granted me 40% for my Degenerative Disk Disease, something that should have been granted to me upon separation and as a DOD rating as well.

In addition I was granted 30% VA upon separation for depression and anxiety, but as of October 2008 is now 70% for PTSD granted retroactive since my separation.

The PDBR looked over my case when I submitted it back in January 2009, and they gave me the case number #19. There has been another serious injustice again, to me and several other vets that are currently receiving bad news right now.

Congress back in April took shots at the PDBR Policy DODI 6040.44 and had a lot of it changed.

In that change there was a policy "If the Service member indicates that a DVA disability award has been made, the applicant shall be requested to provide a copy of the DVA determination letter and sign a release form authorizing the PDBR access to the information. The Military Departments will obtain DVA rating determinations issued on behalf of the former Service member. Once obtained, the PDBR should compare any DVA disability rating for the specifically military unfitting condition(s) with the PEB combined disability rating and consider any variance in its deliberations and any impact on the final PEB combined disability rating, particularly if the DVA rating was awarded within 12 months of the Service member’s separation.”

Of this policy, the assumption of the PDBR is to review all VA ratings for any related diagnosis over the 12 month span after separation, i.e. my 40% for Degenerative Disk Disease. The PDBR sent me my confirmation and new DOD rating last month. They found me to be rated improperly, but given another injustice. Even worded in the report incorrectly, my conditions did not worsen over a six month span, the VA only found out it was a different rating code, and awarded me 40%. I had the same exact issues as I did upon separation, but yet again I get thrown to the side. I got the royal boot, they gave me an increase to 20%, didn’t take into account my PTSD or 40% VA rating 6 months after separation, and I only needed 10% to retire. I get nothing out of this, no additional pay, because I already received my severance, which I paid off and the VA is insisting I didn’t, and I miss out on retirement from the service I gave my blood, sweat, tears, and life to. My back is the life of the body; you know that just as much as I do, it will be a permanent problem, which was done in the line of duty. I have no medical insurance except VA which is 30 minutes away, no privileges to say I sacrificed almost everything for my country, yet I have nothing to show for it except a VA ID Card. I have been slipping mentally from medication, physically from my conditions, and psychologically from my trauma and morale.

I hope it’s not too late to reevaluate my case and look at the facts and not sweep a veteran who deserves this not for himself, but for his family. We need help from all sectors of the public (military, civilian, political, and veteran) Thank you for your time.

Sincerely,
Jonathan Williams
Security Forces Member
SrA, US Air Force (Sep.)

How does a person file for a review of their disability. I'm in a similar situation. I was given a 20% disability 12/2007for my lower back injuries and less than 6 months later, 40% by the VA. Currently my VA disability rating is 90%. I cannot find a link in the article to start me on the way.