How medically-discharged vets can get a disability rating boost
Hardeep Grewal was a 29-year-old Air Force computer operations specialist suffering a mild case of pneumonia when he deployed to Saudi Arabia and a series of other Southwest Asian countries in 2003.
The staff sergeant stayed ill and returned to the United States "looking like a scare crow," he said. He was diagnosed with asthma, which would require two medications daily for the rest of his life. By December 2004, Grewal was medically discharged with a 10 percent disability rating and a small severance payment.
The Air Force physical evaluation board "lowballed me," he recalled in a phone conversation on April 25, 2018, from his Northern Virginia home. "They were trying to get rid of people" from a specialty that, after offering an attractive reenlistment bonus, quickly became overmanned.
Grewal promptly applied to the Department of Veterans Affairs for disability compensation and his initial VA rating was set at 30 percent. Full VA payments were delayed until Grewal's Air Force severance was recouped.
Twelve years later, in August 2016, he got a letter inviting him to have his military disability rating reviewed by a special board Congress created solely to determine whether veterans like him, discharged for conditions rated 20 percent disabling or less from Sept. 11, 2001, to Dec. 31, 2009, were treated fairly.
"I waited like almost two months to apply because I didn't know if somebody was pulling my leg," Grewal said. "I talked to a lot of people, including a friend at Langley Air Force Base, to find out if it was legit. He said other service members he knew who had gotten out were saying, 'Yeah, it's legit. You can look it up.' "
Grewal had to wait 18 months but he received his decision letter from the Physical Disability Board of Review (PDBR) in April 2018. It recommends to the Air Force Secretary that Grewal's discharge with severance pay be recharacterized to permanent disability retirement, effective the date of his prior medical separation.
If, as expected, the Air Force approves a revised disability rating to 30 percent back to December 2004, Grewal will receive retroactive disability retirement, become eligible for TRICARE health insurance and begin to enjoy other privileges of "retiree" status including access to discount shopping on base.
Congress ordered that the PDBR established as part of the 2008 National Defense Authorization Act after a mountain of evidence surfaced that service branches had been low-balling disability ratings given to thousands of service members medically separated over a nine-year period through recent wars.
The PDBR began accepting applications in January 2009. So far only 19,000 veterans have applied from pool of 71,000 known to be eligible for at least a disability rating review. All of them were medically-discharged with disability ratings of 20 percent or less sometime during the qualifying period.
A bump in rating to 30 percent or higher bestows retiree status including a tax-free disability retirement and TRICARE eligibility. And yet only 27 percent of veterans believed eligible for a rating review have applied. Indeed, applications to the PDBR have slowed to a trickle of 40 to 50 per month.
For this column, Greg Johnson, director of the PDRB, provided written responses to two dozen questions on the board's operations. Overall, he explained, 42 percent of applicants receive a recommendation that their original rating be upgraded. Their service branch has the final say on whether a recommendation is approved but in almost every instance they have been.
To date, 47 percent of Army veterans who applied got a recommendation for upgrade, and 18 percent saw their rating increased to at least 30 percent to qualify for disability retirement.
For the Navy Department, which includes Sailors and Marines, 34 percent of applicants received upgrade recommendations and 17 percent gained retiree status. For Air Force applicants the approval rate also has been 34 percent, but 21 percent airmen got a revised rating high enough to qualify for disability retirement.
The top three medical conditions triggering favorable recommendations are mental health issues, including post-traumatic stress, back ailments and arthritis.
As Grewal learned, decisions are not made quickly. The current wait, on average, is eight to 12 months, Johnson said. But that is faster than the 18-to-24-month wait that was routine in earlier years.
Also, veterans need not fear that a new review will result in a rating downgrade. The law establishing the PDBR doesn't allow for it.
Once received, applications are scanned into the PDBR data base and the board requests from the service branch a copy of their physical evaluation board case file. Also, PDBR retrieves from VA the veteran's treatment records and all documents associated with a VA disability rating decision.
After paperwork is gathered, a PDBR panel of one medical officer and two non-medical officers, military or civilian, reviews the original rating decision. All panelists are the rank of colonel or lieutenant colonel (for Navy, captain or commander) or their civilian equivalents. The board has 34 voting members plus support staff, which is more than PDBR had in its early years, Johnson said.
The wait for a decision is long because of the time it takes to retrieve records, the thoroughness of the review and the complexity of the cases, Johnson said.
About 70 percent of applicants have been Army, 20 percent Navy or Marine Corps veterans, 10 percent Air Force and less than one percent Coast Guard.
PDBR notification letters have been sent to eligible veterans at last-known addresses at least twice and include applications and pre-stamped return envelopes. Grewal said he had moved four times since leaving service which might be why he never heard of the board before the notification letter reach him in 2016.
At some point Congress could set a deadline for the board to cease operations but it hasn't yet. The board advises veterans, however, to apply as soon as they can. The longer they wait, it notes on its website, "the more difficult it may be to gather required medical evidence from your VA rating process, your service treatment record or other in-service sources [needed] to assess your claim."
If an eligible veteran is incapacitated or deceased, a surviving spouse, next of kin or legal representative also can request the PDBR review.
This article originally appeared on Military.com. Follow @military.com on Twitter.
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