Noteboom The Law Firm

Separated Service Members: Second Chance at a Fair Rating?

In 2007, Congress mandated that the Department of Defense erect a Physical Disability Board of Review to re-examine the ratings of those service members separated from the military since September 11, 2001. These veterans will have the opportunity to have their disability ratings reviewed to ensure fairness and accuracy.     

History has shown us that disability ratings vary wildly, with Air Force officers consistently getting the highest disability ratings, and the lowest going to enlisted Marines and soldiers — troops bearing the brunt of combat injuries in Iraq and Afghanistan.

And, an even closer look at the numbers reveal that the Veterans Affairs Department (VA) often gave much higher ratings than the Department of Defense for the same injuries or illnesses, even though both used the same ratings schedule.

The Air Force is the executive agency for the new board.

Here are some highlights from the new regulation:

--The board will review only cases of service members found to have conditions that made them unfit for military service

--The board will not look at anyone rated at 30 percent or higher

--For separation cases prior to the effective date” of that provision of law, “the rating will be upheld if the rating was fair and accurate using the Services’ (or DoD) supplemental guidance to the VA rating

--Current ratings cannot be lowered upon review by the board

Continue to full article for details