Rating Upgrades From the Physical Disability Board of Review (PDBR)

If you're unhappy with the disability rating you were given before your medical separation from the military, you can request that the Physical Disability Board of Review (PDBR) review the rating to see if it should be raised. A higher military disability rating can lead to more retirement benefits and increased access to health care.

Medical separation occurs when a service member is deemed to have an "unfitting condition." The Department of Defense (DOD) defines an unfitting condition as any injury or illness that makes a service member unable to return to full duty. These unfitting conditions are then given a percentage rating by the DOD.

What Does a DOD Military Disability Rating Mean?

DOD ("military") disability ratings are assigned pre-discharge to service members who are medically retired from the military due to an unfitting condition. These ratings, which reflect how severe the condition is, are one major factor in determining how much the DOD will pay in monthly retirement benefits.

Keep in mind that the purpose of DOD disability retirement pay is to compensate a veteran for the loss of future military pay due to the unfitting condition, not civilian employment. And unlike VA disability ratings, military disability ratings are ordinarily permanent.

How Do DOD Disability Ratings Differ From VA Disability Ratings?

VA disability ratings are assigned to veterans who are eligible for compensation based on service-connected disabilities. These ratings are intended to compensate veterans for lost civilian employment pay. VA disability benefits are based in large part on a veteran's disability ratings, which may be increased, reduced, or even terminated over time depending on the veteran's health prognosis. Some veterans are eligible to collect DOD military retirement and VA disability compensation at the same time.

What Does the Physical Disability Board of Review Do?

The PDBR is a special board that reviews the DOD disability ratings awarded to service members before they were medically separated from the military. Congress created this board in 2008 after finding that the DOD and the VA weren't awarding the same percentage ratings for the same medical conditions (10 USC § 1554). The purpose of the PDBR is to ensure that the military disability ratings are accurate, fair, and consistent with VA ratings for the same or similar conditions.

Over half of PDBR reviews result in an increased DOD disability rating. The PDBR doesn't have the legal authority to lower a military disability rating, and it can't address concerns you may have about medical conditions that weren't evaluated at the time of your separation. In order to have medical conditions evaluated that were excluded when you were medically separated, you'll need to request a correction to your military records.

Who Is Eligible for a Review by the PDBR?

You can have your military disability rating reviewed by the PDBR if all the following apply:

• your date of medical separation from the military is between September 11, 2001, and December 31, 2009
• you have a military disability rating issued by a Physical Evaluation Board (PEB)
• you have a combined disability rating of 20% or less, and
• you're not otherwise eligible for DOD retirement benefits.

Veterans who've served in the reserves may be eligible if they meet the above requirements and have more than 20 years of total military service ordered by the federal government—even if they have less than 20 years on active duty.

How Does a PDBR Review Help?

The PDBR has the authority to recommend an increase to a military disability rating of 30% or more. If your branch accepts the PDBR recommendation of an increase to 30% or higher, you'll have immediate access to all military retirement benefits. This includes lifetime disability retirement benefits, DOD health care, travel benefits, and more.

You can also get retroactive reimbursement for past medical expenses. Additionally, you're eligible to purchase the Survivor's Benefit Plan insurance for your dependents. However, you would have to make retroactive insurance payments to bring your plan current.

When Will I See Cash Benefits From a PDBR Upgrade?

If you get a rating upgrade from the PDBR, you won't immediately see an increase in your monthly cash benefits. That's because before you can actually receive your new retirement benefits, your prior disability severance pay must first be recouped from them. You won't see any decrease in your monthly check—it will just take some time before your monthly paycheck reflects your increase in benefits. You will, however, receive retroactive military medical retirement payments back to the date of your separation from service.

How Do I Request a PDBR Review?

The DOD gave the Air Force the responsibility of managing PDBR reviews for all military branches. However, a representative from your branch will be involved in the review process.

To request a review, fill out DD Form 294, Application for a Review by the Physical Disability Review Board of a Rating Awarded Accompanying a Medical Separation From the Armed Forces, and send the completed form to the following address:

Physical Disability Board of Review
SAF/MRBD
3351 Celmers Lane
JBA NAF
Washington, MD 20762-4390

The DOD highly encourages you to submit your review request online using the PDBR application portal. Electronic submissions are processed quicker than hard copy applications, so you can avoid having your upgrade request backed up at the review board.

Where Can I Get Legal Help?

You aren't required to get legal counsel for a PDBR upgrade, but it's generally recommended. Your attorney can help you gather medical records and advocate on your behalf as to why your DOD disability rating should be increased. Most VA lawyers offer free consultations and only get paid if you win your case—typically, from any retroactive military retirement benefits you're awarded—so there's little downside in hiring an attorney.

Some non-profit organizations offer free or low-cost legal representation for veterans. For example, Lawyers Serving Warriors, operated by the National Veterans Legal Services Program, may be able to help you get an upgrade from the PDBR along with other kinds of legal assistance.