The FY 2008 National Defense Authorization Act (NDAA) requires the military services, upon request, to review certain separations for medical conditions where the rating was 20 percent or less and the member did not otherwise retire. The review will evaluate whether, under the applicable guidance in effect at the time, the rating awarded was fair and accurate.

Veterans, to include members of the United States Coast Guard, as described above who were separated from between September 11, 2001 and December 31, 2009 can request this review.

Yes, the Veteran’s surviving spouse, next of kin or legal representative may request this review.

At the present time, there is no time limit or cutoff date by which you must apply for this review. However, the longer you wait, 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, which the PDBR uses in order to properly assess your claim.

To have your military disability ratings reviewed, please fill out and sign the DD Form 294 and VA Form 3288 both found in this website, see “How to Apply”, then mail them to: SAF/MRBR (CITU); 550-C Street West, Suite 41; Randolph AFB, TX 78150-4743. Due to the need for an original signature, applications may not, as of this date, be submitted electronically. You also have the option to send supporting documentation (statements, briefs, medical records, affidavits), but you do not need to send documents or records that are already included in your Military and VA medical records because the PDBR will collect these records.

DoD has designated the Air Force as lead component for implementing the PDBR process. As such, the AF has overall responsibility for case tracking and reporting, although the actual case evaluation and adjudication is done in a joint adjudication unit with all services (and components) represented. The Under Secretary of Defense for Personnel and Readiness retains overall responsibility for program policy.

An applicant may submit statements, briefs, medical records or affidavits in support of their application. Unless requested by the intake unit, the applicant does not need to send medical records that are already included among his or her service medical documents or the medical separation paperwork (informal physical evaluation board, formal physical evaluation board and appeal files and results).

Under special circumstances, the PDBR can initiate a review but if this occurs, the PDBR will contact the former member, explain why the board believes a review is appropriate and ask for his/her consent. If consent is not given, there will be no review.

You may subsequently request a board review.

This is a very important point and you should understand there are several differences between the scope and the consequences of the two reviews. To help you compare you may wish to refer to the comparison chart at the end of these FAQs. If you file with the PDBR, you cannot ask your service BCMR/BCNR to review the issue of whether you should have received a higher rating for the same medical condition(s) that resulted in separation. However, you can request your service BCMR/BCNR 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.

You were found unfit for a back problem and separated at 10 percent for this condition. You also had asthma problems but they were not found to be unfitting (you met retention standards). Additionally, you also contend you suffer from tinnitus but this diagnosis was not documented in your physical evaluation board proceedings. You may ask the PDBR to re-evaluate your back injury rating and determine whether the asthma condition should have also been considered separately unfitting and factored in your overall rating. The PDBR could not consider the matter of claimed tinnitus if that condition was not documented in your original PEB proceedings. Alternatively, you could ask a BCMR/BCNR to change your record to show you were found unfit for all conditions. If you do not go to the PDBR, you could ask the BCMR/BCNR to consider everything; if you have been to the PDBR, the BCMR/BCNR will not review the rating for your back or asthma related conditions, but will consider whether you should have also been found unfit (and received an additional rating) for the tinnitus or any other medical condition you may be claiming.

There is no easy or clear-cut answer. The choice is important and highly dependent upon the facts and circumstance of your case. The applicant should weigh all of the factors and make a choice only after careful consideration (see chart at end of FAQs for side by side comparison between the PDBR and BCMR/NR with respect to deciding which venue would be optimal for pursuing a review of your disability).

You should contact your local veterans’ service organizations, several of which provide excellent advice and service on these issues.

No.

No.

The PDBR is a document review only. There is no provision for a personal appearance.

Part of the PDBR review process is to consider the rating(s) previously awarded to an applicant by the VA for his or her unfitting medical condition(s), but particularly those awarded with an effective date within twelve months of the applicant’s date of separation. Access to applicable VA rating and medical documents, though not required by policy, are instrumental to the PDBR’s review process and greatly facilitate making any revision to the original disability rating provided by the military department PEB concerned.

Yes. Only individuals with a need to know will have access to information from the applicant’s service and medical records.

If the applicant does not consent to a release of DVA records, the service disability rating will be reviewed for fairness and accuracy, but the comparison to the DVA rating will not be possible and will therefore not be accomplished.

An important point to consider is the Physical Disability Board of Review will review a case and adjudicate a rating one time only. If the applicant’s VA determination is pending, the applicant must decide whether they want the PDBR review without this information. The PDBR will take the VA determination (for the unfitting condition(s) only) into account as one factor. The ideal objective for the PDBR is to compare the Military Department PEB rating(s) with the subsequent VA rating(s) – for all unfitting conditions. However, the significance of a higher VA rating varies as to how this serves as a valid indicator that an error has taken place. Therefore, it is difficult to set forth a general rule as to whether an applicant should wait for a VA determination letter before submitting an application for PDBR review.

The case evaluation and consideration (so-called adjudication) will take place in a joint (all services and components represented) central adjudication unit in National Capital Area created especially to perform this mission.

By law, the PDBR makes a recommendation to the applicant’s service secretary who makes the final decision. This responsibility may be delegated to, but to no lower than, the Directors of the Review Boards Agencies (Army and Air Force); for the Navy, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) or the Associate Counsel; and for the Coast Guard, The Assistant Commandant for Human Resources (CG-1). These individuals are career members of the senior executive service (civilian general officer equivalents).

The secretary of the military department concerned, or the designated decision authority, will notify the applicant of the final decision and the consequences if the rating is changed including the effect upon benefits. The applicant’s Service BCMR/BCNR, the VA, and Defense Finance and Accounting Servicer (DFAS), or in the case of the Coast Guard, the Pay and Personnel Center, will be responsible for correcting the military and finance records or adjustment of other benefits where appropriate.

The final letter to the applicant will provide a rationale for the decision.

The military records will be corrected effective the date of execution of the Physical Evaluation Board’s separation action (retroactive to the date of separation). This is the same rule for BCMR/BCNR corrections.

By law, the decision of the secretary (or designee) is final. There are no provisions for appeal or reconsideration by the PDBR. On the other hand, previously denied BCMR/BCNR appeals may be reconsidered when relevant newly discovered evidence (not previously available) is presented.

The governing instruction for the PDBR process is DODI 6040.44.

Please send your questions via email. Keep in mind, however, that this office will not offer advice or discuss the merits of your application.

Yes, as long as you were removed from the TDRL and subsequently separated from your military department by reason of disability with a combined disability ratings of 20% or less, after September 11, 2001 and prior to December 31, 2009, you are eligible to apply to the PDBR for review of your disability separation.

You are not eligible for a review of your case at the PDBR because you were permanently separated from the military AFTER December 31, 2009. However, you can request review of your case in other venues, including your military service’s BCMR (or BCNR for Navy Department Veterans).

The PDBR will only review your medical conditions found unfit by your Service (military physical evaluation board [PEB], reconsiderations, etc.).

The PDBR will review/adjudicate only the requested (named) medical condition, in addition to all unfitting conditions. (see DoDI 6040.44, June 27, 2008, Incorporating Change 1, 6/2/2009)

Yes --The PDBR, when requested by the applicant, can review some or all of the medical conditions found on your military MEB/PEB. (see DoDI 6040.44, June 27, 2008, Incorporating Change 1, 6/2/2009)

Applicants must inform the PDBR inblock 3 of the DD Form 294 that the applicant wants all MEB/PEB conditions considered for being unfit for duty and rated. Unfit means unfit for duty or Category I, while rated means given a disability rating.

Comparison – BCMR/BCNR vs PDBR Review of Rating