DOD PDBR UPDATE

You cannot file with both the Physical Disability Board of Review (PDBR) and Board for Correction of Military (or Naval) Records (BCMR/BCNR) asking both to review the issue of whether you should have received a higher rating. Assuming you do file in both places at the same time, the BCMR/BCNR case may be placed in administrative hold until the PDBR application is decided. When a case is placed on administrative hold, the case is not closed, but no action is taken on the case. The applicant will be notified in writing when the case is placed in this status. If you ask the PDBR to review that rating you may not subsequently ask your service BCMR to review that rating, but you can ask your service BCMR/ to review other issues such as whether you should have been rated for additional medical conditions. If you do not go to the PDBR, you can ask the BCMR/BCNR to consider all of the issues relevant to your separation including the rating awarded for your unfit condition.

         As an example assume you were found unfit for a back problem and separated at 10% for this condition. You also had asthma problems but they were not found to be unfitting and thus were not part of your disability rating. You may only ask the PDBR to re-evaluate your back injury rating. In contrast, you could ask a BCMR/BCNR to change your record to show you were found unfit for both conditions. If you do not go to the PDBR, you could ask the BCMR/BCNR to do both; if you have been to the PDBR, the BCMR/BCNR will not review the rating for the back, but will consider whether you should have been found unfit (and received an additional rating) for the asthma or any other medical condition.

        There is no easy or clear-cut answer as to which one to choose. Nor is there any government organization available to help you make the choice and the government will not pay for an attorney to assist you in your decision.. The choice is important and highly dependent upon the facts and circumstances of your case. The applicant should weigh all the factors and make a choice only after careful consideration.  You can contact your local veterans’ service organizations several of which provide excellent advice and service on these issues. If you filed with the BCMR/BCNR prior to 27 JUN 08 (effective date of the DoDI), you will not have to choose between the BCMR/BCNR and the PDBR review. You should understand there are several differences between the scope and the consequences of the two rating reviews. These differences are:

    •    Panel Composition:  BCMR/BCNR panel is 3 civilians in grade of GS-15 and above wheras PDBR panel consist of 3 military officers in grade of 05/06 (or civilian equivalents); Board president 06 or civilian equivalent.
    •    Review Authority:  Veteran may apply to BCMR/BCNR  for review of military record within three years of error/injustice (may be waived in the interest of justice) whereas with PDBR veteran can only apply with a  medical separation 20% or less where member did not retire finalized between 11 SEP 01 and 31 DEC 09.
    •    Review Process:  With BCMR/BCNR once application is submitted, medical, personnel or legal advisories are prepared and served on applicant who has a chance to comment before panel review and vote wheras with PDBR once application is submitted the case is summarized by PDBR medical member (or other experts) for presentation to PDBR before vote. Applicant can submit records from non DOD sources. Thus, the PDBR is a much more limited review than a BCMR/BCNR review.
    •    Panel Outcome:  With BCMR/BCNR you receive a recommendation or decision whereas with PDBR you receive a recommendation only.
    •    Decision Authority: With BCMR/BCNR Director, Review Boards Agencies (Army, Air Force, Assistant Secretary of the Navy (M&RA) or Assistant General Counsel (M&RA) (Navy) whereas with PDBR Director, Review Boards Agencies (Army, Air Force), Assistant Secretary of the Navy (M&RA) or Assistant General Counsel (M&RA) (Navy).
    •    Burden of Proof:  With BCMR/BCNR veteran has the burden of proof to establish error or injustice. There is a presumption of regularity whereas with PDBR veteran need not allege anything, review is accomplished upon request.
    •    Effective Date of Correction and Benefits Computation: With BCMR/BCNR benefits are retroactive to date of separation whereas with PDBR benefits forward only as of date of final decision.
    •    Standards: With BCMR/BCNR panel will correct errors in records and/or remove an injustice whereas with PDBR your rating is reviewed for fairness and accuracy only.
    •    Impact of Subsequent VA Rating: With BCMR/BCNR within discretion of the Board Will whereas the PDBR will compare VA rating with particular attention to one given within 12 months of separation.
    [Source:  DoD Military Health System News 3 Nov 08 ++]