by Wendy Alton
Sorry, Charlie. As if Charlie Sheen hasn’t had enough “winning” media coverage—he received even more as his divorce with Brooke Mueller was finalized this week. The media has focused solely on money (big surprise), so all news stories have only discussed the amount of the property settlement and monthly child support award.
However, TMZ posted the actual divorce judgment online here: In Re Marriage of Sheen. There are some interesting things to note in that Judgment other than just how much money was awarded.
First, despite the fact that Charlie and Brooke are celebrities, the custody, parenting time and child support provisions of their Judgment look pretty similar to the provisions that are in most “average Joe” divorce judgments, including those that I have drafted. For example, Charlie and Brooke share legal custody of their 2 year old boys, Bob & Max. While Brooke has sole physical custody, the parenting time is pretty equally shared. Brooke and Charlie share all holidays and have equal vacation time with the kids. They also agreed to allow the other to take the kids out of state without advance written permission from each other. Charlie must provide health insurance for the boys, and Brooke and Charlie agree to equally share the cost of any of the kids’ extra-curricular activities. Brooke and Charlie also agree that neither can make unilateral decisions about where the boys attend school, but if private school is chosen, Charlie will pay the tuition. Those are pretty “normal” provisions in any divorce.
One of the more interesting and unique provisions in the Judgment involves child support. Brooke was awarded $55,000 per month (yes, per month) for child support for the boys. The Judgment goes on to state that Brooke’s child support shall never be less than the child support that Charlie Sheen pays to his other ex-wife, Denise Richards. The Judgment continues, stating that Charlie and Brooke both recognize that Denise has more assets and earning capacity then Brooke, and that Denise’s children have trust funds, while Brooke’s children do not. Thus, the absolute minimum child support that Brooke will receive will never be less than child support paid to Denise. This is a pretty interesting provision because it provides a base child support number without consideration of income or parenting time. This would be a difficult provision to enforce in Michigan.
What else is noteworthy in this Judgment? Well, Brooke signed a prenup or “Premarital Agreement” on May 27, 2008, before she married Charlie. The Divorce Judgment abides by this prenup, which means that Brooke receives zero spousal support. Yes, Brooke waived her right to alimony now and forever. While that may be surprising in this divorce to waive alimony, it is pretty common in most divorces.
Anything else stick out? Brooke agrees to never talk to the media about Charlie’s alleged sexual affairs and alleged drug use, and Charlie agrees never to talk to the media about Brooke’s alleged drug use. Interesting.
By taking a closer look at Charlie and Brooke’s Divorce Judgment, one can easily see that despite their celebrity status, Charlie and Brooke’s issues are resolved in a pretty standard way.
If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Monday, May 9, 2011
Friday, May 6, 2011
Honoring Michigan Mothers
by Wendy Alton
"I’ll be a wife and mother first, then First Lady.” ~Jackie Kennedy
Mother’s Day is this Sunday, and it is fitting to take a moment to honor some Michigan mothers who were not only role models for their own children, but pioneers in their field. Because I am a lawyer, I am obviously drawn to Michigan mothers who were pioneers in the field of law.
Martha Strickland Clark (1853-1935). Martha was a single mother when she began law school at the University of Michigan Law School in 1882. In 1887 she became the first woman lawyer in Detroit. She was also the first woman to argue a case before the Michigan Supreme Court, and argued that a woman could divorce a husband who was abusing her. She was back in front of the Michigan Supreme Court in 1890 arguing that a woman could hold the office of deputy county clerk. She won both cases.
Rachel Andresen (1907-1988). At the age of 28, Rachel was widowed, left to raise three children on her own. Perhaps this was why she focused on children, founding Youth for Understanding, an international exchange program for high school students. Youth for Understanding still exists today, and provides opportunities for thousands of high school students. For her pioneering work and founding of Youth for Understanding, Rachel was nominated for the Nobel Peace Prize in 1973.
Anne R. Davidow (1898-1991). Anne was actually denied admittance to the Detroit College of Law because she was a woman. So she attended another law school. She married and had two children, and became famous for a case she argued in front of the United States Supreme Court in 1948, Goesaert v Cleary. In that case, she argued against a law in Michigan that did not allow women to tend bar unless their fathers or husbands owned the bar. While Anne lost the case, the law was actually repealed, and the case of Goesaert v Cleary is taught in law schools around the country.
Cornelia Groefsema Kennedy (1923 - ). Cornelia Kennedy was the second woman to serve as Judge in Wayne County Circuit Court and the first Michigan woman to be appointed to the federal bench by President Nixon in 1970. She was then appointed by President Carter to the United States Court of Appeals for the Sixth Circuit. I have a special place in my heart for Justice Kennedy. When I had just passed the Michigan Bar, Justice Kennedy administered my oath to the federal bench, and swore me in as an attorney to the United States District Court, Eastern District of Michigan. I also had the privilege of working for her son, Charles Kennedy, also a lawyer.
I couldn’t close this without thanking my own mother, Dorothy Sluka, for her constant love and support, for without that, I wouldn’t have the inspiration to be both a mother and lawyer today.
“All mothers are working mothers.” (author unknown). Take a moment this Sunday to thank those mothers who have made a difference in your life.
If you are interested in learning more about family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com
"I’ll be a wife and mother first, then First Lady.” ~Jackie Kennedy
Mother’s Day is this Sunday, and it is fitting to take a moment to honor some Michigan mothers who were not only role models for their own children, but pioneers in their field. Because I am a lawyer, I am obviously drawn to Michigan mothers who were pioneers in the field of law.
Martha Strickland Clark (1853-1935). Martha was a single mother when she began law school at the University of Michigan Law School in 1882. In 1887 she became the first woman lawyer in Detroit. She was also the first woman to argue a case before the Michigan Supreme Court, and argued that a woman could divorce a husband who was abusing her. She was back in front of the Michigan Supreme Court in 1890 arguing that a woman could hold the office of deputy county clerk. She won both cases.
Rachel Andresen (1907-1988). At the age of 28, Rachel was widowed, left to raise three children on her own. Perhaps this was why she focused on children, founding Youth for Understanding, an international exchange program for high school students. Youth for Understanding still exists today, and provides opportunities for thousands of high school students. For her pioneering work and founding of Youth for Understanding, Rachel was nominated for the Nobel Peace Prize in 1973.
Anne R. Davidow (1898-1991). Anne was actually denied admittance to the Detroit College of Law because she was a woman. So she attended another law school. She married and had two children, and became famous for a case she argued in front of the United States Supreme Court in 1948, Goesaert v Cleary. In that case, she argued against a law in Michigan that did not allow women to tend bar unless their fathers or husbands owned the bar. While Anne lost the case, the law was actually repealed, and the case of Goesaert v Cleary is taught in law schools around the country.
Cornelia Groefsema Kennedy (1923 - ). Cornelia Kennedy was the second woman to serve as Judge in Wayne County Circuit Court and the first Michigan woman to be appointed to the federal bench by President Nixon in 1970. She was then appointed by President Carter to the United States Court of Appeals for the Sixth Circuit. I have a special place in my heart for Justice Kennedy. When I had just passed the Michigan Bar, Justice Kennedy administered my oath to the federal bench, and swore me in as an attorney to the United States District Court, Eastern District of Michigan. I also had the privilege of working for her son, Charles Kennedy, also a lawyer.
I couldn’t close this without thanking my own mother, Dorothy Sluka, for her constant love and support, for without that, I wouldn’t have the inspiration to be both a mother and lawyer today.
“All mothers are working mothers.” (author unknown). Take a moment this Sunday to thank those mothers who have made a difference in your life.
If you are interested in learning more about family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com
Thursday, May 5, 2011
Jail for Former Red Wings Trainer: Unpaid Child Support
by Wendy Alton
The Detroit News reported that former Red Wings’ trainer John Wharton was arrested and jailed for unpaid child support: Former Wings trainer Wharton jailed on child-support charges. It appears he had been arrested before for unpaid child support, but paid a bond and then left the state moving to New York. He recently returned to Michigan, however, and was arrested again on a warrant issued by the Michigan Attorney General.
In Michigan, child support obligations are enforced by not only the courts, but also the local prosecutors and even the attorney general’s office. For non-payment of child support, the Friend of the Court can garnish your tax refunds, suspend your driver’s license, file a lien against your property, report the debt to credit agencies, garnish a private pension or retirement, and issue a bench warrant for your arrest. Additionally, in cases where the amount of support owing is excessive, the Friend of the Court can refer the case to the local prosecutor for felony charges. Felony non-support cases can also result in jail sentences.
What people don’t always realize is that child support is modifiable in Michigan. The Friend of the Court can conduct an automatic review of child support every 36 months. However, if there is a substantial change in income, a parent can file a request for modification and have it reviewed, even if it hasn’t been 36 months.
The court and Attorney General will also work with parents on overdue support. However, an effort must be made to make timely payments, and if the parent is unemployed, to find viable employment.
The lesson is clear—if there is a substantial change in income, it is important to request modification of child support. If the person paying child support becomes delinquent, the penalties can be excessive and extreme, and, in some cases, avoidable.
If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
The Detroit News reported that former Red Wings’ trainer John Wharton was arrested and jailed for unpaid child support: Former Wings trainer Wharton jailed on child-support charges. It appears he had been arrested before for unpaid child support, but paid a bond and then left the state moving to New York. He recently returned to Michigan, however, and was arrested again on a warrant issued by the Michigan Attorney General.
In Michigan, child support obligations are enforced by not only the courts, but also the local prosecutors and even the attorney general’s office. For non-payment of child support, the Friend of the Court can garnish your tax refunds, suspend your driver’s license, file a lien against your property, report the debt to credit agencies, garnish a private pension or retirement, and issue a bench warrant for your arrest. Additionally, in cases where the amount of support owing is excessive, the Friend of the Court can refer the case to the local prosecutor for felony charges. Felony non-support cases can also result in jail sentences.
What people don’t always realize is that child support is modifiable in Michigan. The Friend of the Court can conduct an automatic review of child support every 36 months. However, if there is a substantial change in income, a parent can file a request for modification and have it reviewed, even if it hasn’t been 36 months.
The court and Attorney General will also work with parents on overdue support. However, an effort must be made to make timely payments, and if the parent is unemployed, to find viable employment.
The lesson is clear—if there is a substantial change in income, it is important to request modification of child support. If the person paying child support becomes delinquent, the penalties can be excessive and extreme, and, in some cases, avoidable.
If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Wednesday, May 4, 2011
Splitting the House in a Divorce…. Literally
by Wendy Alton
The 6 year divorce case of New York’s Simon and Chana Taub was recently finalized by order of the court last week. Yes, it was a 6 year divorce. And no, the fact that it took 6 years is not the only shocking fact about this divorce.
One of the issues that the Taubs fought intensely about was who would live in their 3story brownstone in Brooklyn. When they both refused to move out while the divorce was pending, they split the house. Literally. They installed a wall down the middle of the house so they could both live there.
If that gives you flashbacks to the movie “War of the Roses” then you are spot on.
However, the Judge ordered that the house now be sold. Neither Simon nor Chana Taub will be able to keep the house. Can the Judge do this? Can the Judge order that the house be sold?
Absolutely. Judges in family court can dispose of the marital assets in any way that they determine is fair and equitable. Even in Michigan, if two people are fighting over a house, or any piece of property for that matter, the Judge will likely just order that it be sold. Selling the property definitely ends the dispute about who gets it.
In Michigan, selling property is sometimes a complicated solution because of the real estate market and downward economy. However, it is often the only equitable decision if the divorcing couple continues to fight over who keeps the house, and refuses to settle the issue themselves.
You can read more about Simon and Chana Taub’s divorce here: NYC couple who split house with wall get divorce.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
The 6 year divorce case of New York’s Simon and Chana Taub was recently finalized by order of the court last week. Yes, it was a 6 year divorce. And no, the fact that it took 6 years is not the only shocking fact about this divorce.
One of the issues that the Taubs fought intensely about was who would live in their 3story brownstone in Brooklyn. When they both refused to move out while the divorce was pending, they split the house. Literally. They installed a wall down the middle of the house so they could both live there.
If that gives you flashbacks to the movie “War of the Roses” then you are spot on.
However, the Judge ordered that the house now be sold. Neither Simon nor Chana Taub will be able to keep the house. Can the Judge do this? Can the Judge order that the house be sold?
Absolutely. Judges in family court can dispose of the marital assets in any way that they determine is fair and equitable. Even in Michigan, if two people are fighting over a house, or any piece of property for that matter, the Judge will likely just order that it be sold. Selling the property definitely ends the dispute about who gets it.
In Michigan, selling property is sometimes a complicated solution because of the real estate market and downward economy. However, it is often the only equitable decision if the divorcing couple continues to fight over who keeps the house, and refuses to settle the issue themselves.
You can read more about Simon and Chana Taub’s divorce here: NYC couple who split house with wall get divorce.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Tuesday, May 3, 2011
Wayne County Family Court Establishes Parenting Time Guidelines
by Wendy Alton
In a divorce or custody case involving minor children, the parents must ultimately decide how legal custody, physical custody, and parenting time is going to be shared. Parenting time is the legal term for the specific schedule that each parent has with the children. (courts used to call this “visitation”—obviously “parenting time” is a much more preferable term). Often times the parents will agree to work together, and in those cases the issue is resolved with the order or judgment specifying “reasonable parenting time.” This avoids having to agree to a rigid and specific schedule. “Reasonable parenting time” has typically meant that the parents will work together to create and maintain a flexible schedule.
However, that is no longer the case in Wayne County Family Court. Effective this year, 2011, Wayne County has established parenting time guidelines titled “Wayne County Circuit Court Co-Parenting Plan.” Effective this year, parents that have a judgment or order that specifies “reasonable parenting time” will be bound by the court’s schedule, found here: https://www.3rdcc.org/FOC/Forms/Parenting%20Time.pdf. Interestingly, the Co-Parenting Plan establishes parenting time plans time based upon the child’s age.
In theory, this is a good thing. The Co-Parenting Plan will give parents a schedule that is predictable and manageable. It also simplifies the negotiation process. Parents can now just agree to “reasonable parenting time” in a judgment or order, and have a schedule that they can rely on and work from.
The down side? If a parent is unaware of the Co-Parenting Plan, and agrees to “reasonable parenting time” in their order or judgment, then despite any agreement otherwise, the court will enforce the Co-Parenting Plan. If one parent asks the court to enforce parenting time, the court will hold both parents responsible for following the Co-Parenting Plan, even if they were not aware of it at the time their order or judgment was entered with the court.
An interesting note: published opinions from the Michigan Court of Appeals have held that a request for a parenting time change must be based on a change in circumstances or good cause, and also a determination that the requested change is in the best interests of the child. However, if you look at the Co-Parenting Plan closely, the parenting time schedule changes as the child grows older. The Co-Parenting Plan is based upon the notion that parenting time should change automatically as a child ages, without showing a change in circumstances or good cause. Many parents, judges and attorneys firmly believe that this should always be the case. The Michigan Court of Appeals has yet to publish an opinion supporting an automatic change based upon age. Until that happens, there will be some conflict between the established law and the implementation of the parenting time guidelines.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
In a divorce or custody case involving minor children, the parents must ultimately decide how legal custody, physical custody, and parenting time is going to be shared. Parenting time is the legal term for the specific schedule that each parent has with the children. (courts used to call this “visitation”—obviously “parenting time” is a much more preferable term). Often times the parents will agree to work together, and in those cases the issue is resolved with the order or judgment specifying “reasonable parenting time.” This avoids having to agree to a rigid and specific schedule. “Reasonable parenting time” has typically meant that the parents will work together to create and maintain a flexible schedule.
However, that is no longer the case in Wayne County Family Court. Effective this year, 2011, Wayne County has established parenting time guidelines titled “Wayne County Circuit Court Co-Parenting Plan.” Effective this year, parents that have a judgment or order that specifies “reasonable parenting time” will be bound by the court’s schedule, found here: https://www.3rdcc.org/FOC/Forms/Parenting%20Time.pdf. Interestingly, the Co-Parenting Plan establishes parenting time plans time based upon the child’s age.
In theory, this is a good thing. The Co-Parenting Plan will give parents a schedule that is predictable and manageable. It also simplifies the negotiation process. Parents can now just agree to “reasonable parenting time” in a judgment or order, and have a schedule that they can rely on and work from.
The down side? If a parent is unaware of the Co-Parenting Plan, and agrees to “reasonable parenting time” in their order or judgment, then despite any agreement otherwise, the court will enforce the Co-Parenting Plan. If one parent asks the court to enforce parenting time, the court will hold both parents responsible for following the Co-Parenting Plan, even if they were not aware of it at the time their order or judgment was entered with the court.
An interesting note: published opinions from the Michigan Court of Appeals have held that a request for a parenting time change must be based on a change in circumstances or good cause, and also a determination that the requested change is in the best interests of the child. However, if you look at the Co-Parenting Plan closely, the parenting time schedule changes as the child grows older. The Co-Parenting Plan is based upon the notion that parenting time should change automatically as a child ages, without showing a change in circumstances or good cause. Many parents, judges and attorneys firmly believe that this should always be the case. The Michigan Court of Appeals has yet to publish an opinion supporting an automatic change based upon age. Until that happens, there will be some conflict between the established law and the implementation of the parenting time guidelines.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Monday, May 2, 2011
Should You Change Your Name After a Divorce?
by Wendy Alton
A small but important question is always asked of the wife during divorce proceedings: Do you want to keep your married name, or go back to your maiden name? If the attorney fails to ask the wife this question, ultimately the Judge will ask the question at the final hearing.
In my experience as a divorce attorney, many women have a difficult time making this decision—especially if they have children from the marriage. Most women are concerned that if they go back to their maiden name, that their name will be different from their children’s’ name, and that this will cause problems. Some women, on the other hand, are concerned that if they don’t go back to their maiden name, and their soon to be ex-husband remarries, it will be too confusing altogether. Others who have established a professional reputation during their marriage are concerned that changing their name back to their maiden name will have a detrimental effect on their business. There are obviously a host of reasons that make this decision difficult.
To clarify, just having a provision in the Divorce Judgment changing a woman’s name doesn’t make the name change legal. In order to legally change your name you must take that Divorce Judgment to the Michigan Secretary of State and the Social Security Office to officially change it. So even having a provision in the Judgment of Divorce doesn’t make the name change automatic. There are further steps to take in order to make the change legal and official.
There is, however, a very significant advantage to including a name change provision in a Divorce Judgment. If this provision is in the Divorce Judgment, the woman can decide at any time to make the name change legal and official. That means that she can make the change right away, wait a while, or never change it. Having the provision in the Judgment makes it easy to change it officially.
What happens if you don’t have this type of provision in the Divorce Judgment, but want to change it later? If there is no name change provision in the Divorce Judgment, then you must file a petition with the Court for a name change, and follow all of the necessary procedures. The Michigan Courts website offers a tutorial on this process here: Name Change Self Help. It should be noted that there are significant costs included in a name change petition. There are filing fees, fingerprinting fees, publishing fees, and order fees. These fees will exceed $300.00. You also have to be fingerprinted, and your fingerprints must be sent to the Michigan State Police and the FBI. Both agencies must report to the Court about any pending charges or convictions. The process is time-consuming and expensive.
If in doubt, it is better to err on the side of caution and include a name change provision in your Divorce Judgment. If you decide never to change your name, it won’t hurt you. If you decide to change your name in the future, it will save you significant time and money.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Website: http://courts.michigan.gov/scao/selfhelp/family/nc_help.htm.
A small but important question is always asked of the wife during divorce proceedings: Do you want to keep your married name, or go back to your maiden name? If the attorney fails to ask the wife this question, ultimately the Judge will ask the question at the final hearing.
In my experience as a divorce attorney, many women have a difficult time making this decision—especially if they have children from the marriage. Most women are concerned that if they go back to their maiden name, that their name will be different from their children’s’ name, and that this will cause problems. Some women, on the other hand, are concerned that if they don’t go back to their maiden name, and their soon to be ex-husband remarries, it will be too confusing altogether. Others who have established a professional reputation during their marriage are concerned that changing their name back to their maiden name will have a detrimental effect on their business. There are obviously a host of reasons that make this decision difficult.
To clarify, just having a provision in the Divorce Judgment changing a woman’s name doesn’t make the name change legal. In order to legally change your name you must take that Divorce Judgment to the Michigan Secretary of State and the Social Security Office to officially change it. So even having a provision in the Judgment of Divorce doesn’t make the name change automatic. There are further steps to take in order to make the change legal and official.
There is, however, a very significant advantage to including a name change provision in a Divorce Judgment. If this provision is in the Divorce Judgment, the woman can decide at any time to make the name change legal and official. That means that she can make the change right away, wait a while, or never change it. Having the provision in the Judgment makes it easy to change it officially.
What happens if you don’t have this type of provision in the Divorce Judgment, but want to change it later? If there is no name change provision in the Divorce Judgment, then you must file a petition with the Court for a name change, and follow all of the necessary procedures. The Michigan Courts website offers a tutorial on this process here: Name Change Self Help. It should be noted that there are significant costs included in a name change petition. There are filing fees, fingerprinting fees, publishing fees, and order fees. These fees will exceed $300.00. You also have to be fingerprinted, and your fingerprints must be sent to the Michigan State Police and the FBI. Both agencies must report to the Court about any pending charges or convictions. The process is time-consuming and expensive.
If in doubt, it is better to err on the side of caution and include a name change provision in your Divorce Judgment. If you decide never to change your name, it won’t hurt you. If you decide to change your name in the future, it will save you significant time and money.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Website: http://courts.michigan.gov/scao/selfhelp/family/nc_help.htm.
Friday, April 29, 2011
Little known Board of Review may help Veterans obtain Disability Retirement
By Jim Fausone, Veteran Disability Attorney
Were you medically discharged from service? Was your discharge between the dates of September 11, 2001 and December 31, 2009? Were you discharged with a combined disability rating of 0%, 10% or 20%? If you have answered yes to all of these questions, then the DoD has created a new program to assist you in getting your discharge upgraded to a disability retirement, the Physical Disability Board of Review (PDBR).
The PDBR has been accepting applications since 2009. Its purpose is to review disability cases and determine if the veteran should have been awarded a disability retirement (which is a 30% combined disability level or higher). The benefits of having disability retirement are numerous; it enables the veteran to receive higher pay and additional benefits that are only available to those retired from service. The PDBR cannot implement changes; rather, it makes recommendations to the veteran’s Service Secretary who will issue the final decision. As of right now, there is no cutoff date to apply and there is no standard length of time for the total process as it is a newer program.
When a veteran fits the criteria above, they mail a completed DD Form 294 to the Central Intake and Tracking Unit (CITU) at Randolph Air Force Base in Texas. You can get a copy of DD Form 294 by visiting www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0294.pdf. Once your application and supportive non-DoD documents are submitted, your case will be summarized by a medical member of the PDBR for presentation and vote by the PDBR’s Board.
Although there are approximately 70,000 eligible veterans, a mere 2,100 veterans have applied for review as of March 2011. However, of those 3% of eligible veterans who have applied, a promising 56% of cases have been recommended by the PDBR as being eligible for a disability retirement.
Here are some things to consider before you apply for review by the PDBR. It only looks at rated decisions; if you have a disability that was denied and not rated by the military, the PDBR will not review it for recommendation. If the PDBR recommends a disability retirement and the Service Secretary grants it, the benefits are retroactive to the date of your Physical Examination Board’s (PEB) separation action. Finally, the decision of the Service Secretary is final- there are no appeals or requests for reconsideration if new material evidence becomes available.
The traditional option is for the veteran to apply to the Board for Correction of Military/Naval Records (BCMR/BCNR). The BCMR makes both recommendations and decisions. If you were not rated for a disability at the time of discharge, the BCMR/BCNR will consider changing the record to show that you were rated for the disability. If BCMR/BCNR decides in your favor, the benefits are retroactive to the date of separation from service. If an appeal was previously denied, and relevant, newly-discovered evidence becomes available, the BCMR/BCNR will conduct a reconsideration of the appeal.
For more information about PDBR, the application process, and the comparisons between the PDBR & BCMR/BCNR please visit:
http://www.health.mil/About_MHS/Organizations/MHS_Offices_and_Programs/PDBR
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Were you medically discharged from service? Was your discharge between the dates of September 11, 2001 and December 31, 2009? Were you discharged with a combined disability rating of 0%, 10% or 20%? If you have answered yes to all of these questions, then the DoD has created a new program to assist you in getting your discharge upgraded to a disability retirement, the Physical Disability Board of Review (PDBR).
The PDBR has been accepting applications since 2009. Its purpose is to review disability cases and determine if the veteran should have been awarded a disability retirement (which is a 30% combined disability level or higher). The benefits of having disability retirement are numerous; it enables the veteran to receive higher pay and additional benefits that are only available to those retired from service. The PDBR cannot implement changes; rather, it makes recommendations to the veteran’s Service Secretary who will issue the final decision. As of right now, there is no cutoff date to apply and there is no standard length of time for the total process as it is a newer program.
When a veteran fits the criteria above, they mail a completed DD Form 294 to the Central Intake and Tracking Unit (CITU) at Randolph Air Force Base in Texas. You can get a copy of DD Form 294 by visiting www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0294.pdf. Once your application and supportive non-DoD documents are submitted, your case will be summarized by a medical member of the PDBR for presentation and vote by the PDBR’s Board.
Although there are approximately 70,000 eligible veterans, a mere 2,100 veterans have applied for review as of March 2011. However, of those 3% of eligible veterans who have applied, a promising 56% of cases have been recommended by the PDBR as being eligible for a disability retirement.
Here are some things to consider before you apply for review by the PDBR. It only looks at rated decisions; if you have a disability that was denied and not rated by the military, the PDBR will not review it for recommendation. If the PDBR recommends a disability retirement and the Service Secretary grants it, the benefits are retroactive to the date of your Physical Examination Board’s (PEB) separation action. Finally, the decision of the Service Secretary is final- there are no appeals or requests for reconsideration if new material evidence becomes available.
The traditional option is for the veteran to apply to the Board for Correction of Military/Naval Records (BCMR/BCNR). The BCMR makes both recommendations and decisions. If you were not rated for a disability at the time of discharge, the BCMR/BCNR will consider changing the record to show that you were rated for the disability. If BCMR/BCNR decides in your favor, the benefits are retroactive to the date of separation from service. If an appeal was previously denied, and relevant, newly-discovered evidence becomes available, the BCMR/BCNR will conduct a reconsideration of the appeal.
For more information about PDBR, the application process, and the comparisons between the PDBR & BCMR/BCNR please visit:
http://www.health.mil/About_MHS/Organizations/MHS_Offices_and_Programs/PDBR
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
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